McCord v. Seale
California Supreme Court
Appeal from a judgment for plaintiffs, and from an order denying a new trial, in the Twentieth District Court, County of Santa Clara. Beldek, J. The facts are stated in the opinion.
1Opinion of the Court
McKee, J.:
This was an action to recover the sum of $1,500, the price of a brown mare alleged to have been sold and delivered by the plaintiffs to the defendant, and for which the defendant promised to pay on demand; but on demand being made, he refused, and hence the action.
In the title of the action, the plaintiffs sue in their individual capacities, and in the body of the complaint it is averred that they arc co-partners, so that it is uncertain in what capacity the plaintiffs intended to sue, or whether the cause of action stated in their complaint is on an individual or on a partnership…
2Cases cited1 opinion
- Cotes v. CampbellCalifornia Supreme Court · 1853
3Cited by12 opinions
- Shain v. ForbesCalifornia Supreme Court · 1890
- Wise v. WilliamsCalifornia Supreme Court · 1887
- Williams v. Southern Pacific RailroadCalifornia Supreme Court · 1896
- Ahlers v. SmileyCalifornia Supreme Court · 1912
- Elmore v. ElmoreCalifornia Supreme Court · 1896
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