Helm v. Dumars
California Supreme Court
Appeal from the District Court of the Tenth Judicial District.' This action was brought for the recovery of three yoke of oxen, or their value, which the plaintiff laid at $800. The facts as found by the court, to whom the case was submitted without a jury, are substantially as follows :— . On the 24th March last, the plaintiff sold to one Fuller a lot of oxen for $1000, $200 of which were paid down, and Fuller with one Craig as surety, gave their note for the remaining…
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Appeal from the District Court of the Tenth Judicial District.' This action was brought for the recovery of three yoke of oxen, or their value, which the plaintiff laid at $800. The facts as found by the court, to whom the case was submitted without a jury, are substantially as follows :— . On the 24th March last, the plaintiff sold to one Fuller a lot of oxen for $1000, $200 of which were paid down, and Fuller with one Craig as surety, gave their note for the remaining $800. The plaintiff, at the request of Craig, and by consent of Fuller, proposed to retain a lien on the oxen sold, until…
1Opinion of the CourtHeydenfeldt, Justice
Wells, Justice, concurred.
Some of the conclusions of law attained by the court below may properly be complained of as erroneous, but a judgment which is right will not be reversed, because it was rendered upon a wrong reason.
From the facts found, the plaintiff made an absolute sale of the property to Fuller, with such a right of property as was subject to execution.
*457If the plaintiff intended to retain any lien upon the property to secure the balance of the purchase-money, as is shown by the finding, such purpose was not carried out so as to make an effective lien. There was no such agreement…
2Cited by2 opinions
- Spencer v. DuncanCalifornia Supreme Court · 1895
- McNutt v. City of Los AngelesCalifornia Supreme Court · 1921