Reedy v. Smith
California Supreme Court
Appeal from the District Court of the Thirteenth Judicial District, County of Mariposa. This was an action upon an alleged contract between the parties, entered into June 21st, 1867, by which the defendants agreed to build a dam across the Tuolumne River, about a mile and a half above the Town of La Grange, sufficiently high to cause the water of the river to flow in ordinary requirements in the ditch owned by plaintiffs—said dam to be completed in the year 1867, or as soon…
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Appeal from the District Court of the Thirteenth Judicial District, County of Mariposa. This was an action upon an alleged contract between the parties, entered into June 21st, 1867, by which the defendants agreed to build a dam across the Tuolumne River, about a mile and a half above the Town of La Grange, sufficiently high to cause the water of the river to flow in ordinary requirements in the ditch owned by plaintiffs—said dam to be completed in the year 1867, or as soon thereafter as practicable, and guaranteed to stand five years after completion; in consideration whereof plaintiffs…
1Opinion of the Court
By the Court, Temple, J.:
I think the demurrer to the complaint was properly overruled. Two causes of action were not joined in the- complaint, although it may be that damages are claimed to which the plaintiffs are not entitled.
Under the circumstance's revealed by the evidence, I think the Court properly found that the contract had been executed and was binding upon both parties. Both had acted upon it as a binding contract. The plaintiffs certainly would have been estopped from denying that it had become binding upon them, had suit been brought upon it by the defendants. At any rate, the…
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