Hurlbutt v. N. W. Spaulding Saw Co.
California Supreme Court
Appeal from a judgment of the Superior Court off Humboldt County. The contract referred to in the opinion provided that the plaintiffs should operate certain saw-mill property therein described, as trustees for the owner and his creditors, and should advance sufficient money to carry on and conduct the mill business and to settle up claims against the mill, and that the defendants would reimburse the plaintiffs for all sums so advanced, if the proceeds of the property should…
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Appeal from a judgment of the Superior Court off Humboldt County. The contract referred to in the opinion provided that the plaintiffs should operate certain saw-mill property therein described, as trustees for the owner and his creditors, and should advance sufficient money to carry on and conduct the mill business and to settle up claims against the mill, and that the defendants would reimburse the plaintiffs for all sums so advanced, if the proceeds of the property should prove insufficient for that purpose. Further facts are stated in the opinion.
1Opinion of the Court
Belcher, C.
The plaintiffs brought this action to recover judgment for moneys alleged to have been paid out and expended by them at the special instance and request of the defendants, and under and in pursuance of a written contract made by the parties. A copy of the contract is set out in the complaint, and its execution is not denied.
*57The case was tried by the court without a jury, and judgment given for the plaintiffs. From that judgment the defendants appealed, and have brought the case here on a bill of exceptions.
1. It is claimed for appellants that the plaintiffs have mistaken their…
2Cited by14 opinions
- Bean v. BickleySupreme Court of Iowa · 1919
- Zellerbach v. AllenbergCalifornia Supreme Court · 1893
- Barbour v. FlickCalifornia Supreme Court · 1899
- Melander v. Western National BankCalifornia Court of Appeal · 1913
- O'Melia v. AdkinsCalifornia Court of Appeal · 1946
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