Donnelly v. Adams
California Supreme Court
APPEAL from a, judgment of the Superior Court of the City and County of San Francisco. J. C. B. Hebbard, Judge. The facts are stated in the opinion.
1Opinion of the Court
GRAY, C.
This case has been here before (Donnelly v. Adams, 115 Cal. 129), and it was then held that the building contract involved in the ease was void because it referred to the plans, drawings, and specifications as having been signed by the parties to the contract, when in fact they were not so signed. The court held this to be “a false reference in a written contract which cannot be aided by parol evidence,” and that thereby “the contract is left inchoate and not complete, and could uot form the basis of recovery.” The judgment, decreeing foreclosure of a mechanic’s lien for work and…
2Cases cited4 opinions
- Willamette Steam Mills Lumbering & Manufacturing Co. v. Los Angeles College Co.California Supreme Court · 1892
- Donnelly v. AdamsCalifornia Supreme Court · 1896
- West Coast Lumber Co. v. KnappCalifornia Supreme Court · 1898
- Worden v. HammondCalifornia Supreme Court · 1869
3Cited by3 opinions
- Peterson v. FreiermuthCalifornia Court of Appeal · 1911
- L. W. Blinn Lumber Co. v. CohnCalifornia Court of Appeal · 1917
- Patricia H. Lee v. Ecclesia, LLCDistrict Court, C.D. California · 2020