Blen v. Bear River & Auburn Water & Mining Co.
California Supreme Court
Appeal from the Eleventh Judicial District. This case was before the Supreme Court on a former appeal, in the report of which (15 Cal. 96) the nature of the action is shown and a copy of the instrument sued on set forth, and hi the opinion on that appeal a construction was given to this instrument.
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Appeal from the Eleventh Judicial District. This case was before the Supreme Court on a former appeal, in the report of which (15 Cal. 96) the nature of the action is shown and a copy of the instrument sued on set forth, and hi the opinion on that appeal a construction was given to this instrument. Upon the new trial awarded by the Appellate Court, the plaintiff, to prove the execution of the contract by defendants, showed that the purchase was negotiated and the contract signed on behalf of the corporation by James Neal; that Neal was at the time the President, one of the trustees, and…
1Opinion of the Court
Cope J. delivered the opinion of the Court—Field, C. J. and Norton J. concurring.
The plaintiff sues to recover a sum of money alleged to be due *612him on a sale to the defendant of certain ditch property. The defendant is a corporation, and the contract for the property was made on its behalf by one Eeall, who was its President, and a member of the Board of Trustees. The answer puts in issue the authority of Eeall to make the contract, and sets up certain matters of fraud and misrepresentation as destroying its validity. These constitute the principal points of inquiry in the case, and we shall…
2Cases cited2 opinions
- Mokelumne Hill Canal & Mining Co. v. WoodburyCalifornia Supreme Court · 1859
- McAuley v. York Mining Co.California Supreme Court · 1856
3Cited by16 opinions
- Frink v. RoeCalifornia Supreme Court · 1886
- Nounnan v. Sutter County Land Co.California Supreme Court · 1889
- Lee v. McClellandCalifornia Supreme Court · 1898
- San Diego, Old Town, & Pacific Beach R. R. v. Pacific Beach Co.California Supreme Court · 1896
- Bank of Healdsburg v. BailhacheCalifornia Supreme Court · 1884
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