Guidery v. Green
California Supreme Court
Appeal from an order of the superior court of Butte County denying a motion for a new trial. The action was brought for a dissolution of a partnership and an accounting, under an agreement in writing set out at length in the complaint, and from which it appears that on the twelfth day of January, 1885, the defendant, R. M. Green, was the discoverer and owner of certain formulas for the manufacture of medicines composed in part of the gum of the abietine tree; that at the…
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Appeal from an order of the superior court of Butte County denying a motion for a new trial. The action was brought for a dissolution of a partnership and an accounting, under an agreement in writing set out at length in the complaint, and from which it appears that on the twelfth day of January, 1885, the defendant, R. M. Green, was the discoverer and owner of certain formulas for the manufacture of medicines composed in part of the gum of the abietine tree; that at the same time the defendant and the plaintiff, J. M. Frost., now deceased, and in whose stead his administrator, John Guidery,…
1Opinion of the CourtHarrison, J.
The plaintiff’s intestate, one Frost, brought this action to obtain certain specific relief for an alleged violation of a written agreement entered into between him and the defendant, January 12, 1885. The defendant set qp as one of his defenses to the action that the agreement set out in the complaint had been superseded and annulled by a subsequent written agreement, executed in March, 1885, by the plaintiff and one Threlfall on the one part, and the defendant on the other. *633Upon the trial of the cause, the defendant, after having proved the execution of the subsequent written agreement,…
2Cases cited2 opinions
- Stringer v. DavisCalifornia Supreme Court · 1866
- Farmers' Natl. Gold Bank v. StoverCalifornia Supreme Court · 1882
3Cited by49 opinions
- Pearsall v. HenryCalifornia Supreme Court · 1908
- Germain Fruit Co. v. J. K. Armsby Co.California Supreme Court · 1908
- Sivers v. SiversCalifornia Supreme Court · 1893
- Tate v. Superior CourtCalifornia Court of Appeal · 1963
- Standard Box Co. v. Mutual Biscuit Co.California Court of Appeal · 1909
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