Perkins v. Wilson
California Supreme Court
Appeal from the Superior Court of San Francisco. The complaint stated that the plaintiff had leased, on the 10th December, 1850, to one of the defendants, Wilson, a portion of his, plaintiff’s, farm for two years, and sets forth the covenants of the lease, one of which was, that Wilson was to work the ground as a garden, sell the produce, and pay one-fourth of the proceeds to the plaintiff when taken to market, and when sold on the ground, one-third of the money received…
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Appeal from the Superior Court of San Francisco. The complaint stated that the plaintiff had leased, on the 10th December, 1850, to one of the defendants, Wilson, a portion of his, plaintiff’s, farm for two years, and sets forth the covenants of the lease, one of which was, that Wilson was to work the ground as a garden, sell the produce, and pay one-fourth of the proceeds to the plaintiff when taken to market, and when sold on the ground, one-third of the money received therefor ; to keep a book showing all sales, &c., accessible at all times to both parties. That defendant had wholly failed…
1Opinion of the CourtHeydenfeldt, Justice
Wells, Justice, concurred.
The question as to the power of the court to amend the verdict of a jury was fully considered upon the authorities in the case of Little v. Larrabee, 2 Greenleaf, R. 37; and the opinion given meets my entire approbation. The rule there laid down recognizes the power of the court to amend in “ those cases in which the incorrectness or defectiveness of the verdict consists in something merely formal, and which had no connection with the merits of the cause; where the amendment, when made, in no respect impairs or changes the rights of parties, but may only prevent the…
2Cited by3 opinions
- Curtis v. San Pedro Transportation Co.California Court of Appeal · 1935
- Fox v. WestIdaho Supreme Court · 1880
- Morris v. BurkeMontana Supreme Court · 1895