Fairbanks, Morse & Co. v. Nelson
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Southern Division of the Southern District of California; Olin Wellborn, Judge. Action at law by Fairbanks, Morse & Co., a corporation, against J. M. Nelson. Judgment for defendant, and plaintiff brings error.
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In Error to the District Court of the United States for the Southern Division of the Southern District of California; Olin Wellborn, Judge. Action at law by Fairbanks, Morse & Co., a corporation, against J. M. Nelson. Judgment for defendant, and plaintiff brings error. The plaintiff in error was the plaintiff in the court below in an action to recover upon three several promissory notes, for $1,200 each, executed by the defendant in error in payment for a 30-60 horse power tractor engine, which was sold under a written contract. The parties will be designated herein plaintiff and defendant,…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] It is assigned as error that the court admitted oral evidence to alter or modify the terms of the written contract, in violation of section 1698 of the Civil Code of California. The evidence so objected to was the testimony of the defendant that during the demonstration the wheels of the tractor sank into the ground to such an extent as to prevent successful operation, and that the agent of the plaintiff, to overcome the difficulty, promised to secure and furnish certain extensions to be put on the wheels to afford them a greater surface. It is said…
2Cases cited12 opinions
- Knarston v. Manhattan Life InsuranceCalifornia Supreme Court · 1903
- Luitweiler Pumping Engine Co. v. Ukiah Water & Improvement Co.California Court of Appeal · 1911
- Brady v. . CassidyNew York Court of Appeals · 1895
- Peabody v. MaguireSupreme Judicial Court of Maine · 1887
- Jackson v. Porter Land and Water Co.California Supreme Court · 1907
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3Cited by11 opinions
- Wyler Summit Partnership v. Turner Broadcasting System, Inc.Court of Appeals for the Ninth Circuit · 1998
- Morton v. Albers Brothers Milling Co.California Court of Appeal · 1924
- Advance-Rumely Thresher Co. v. BartzatNebraska Supreme Court · 1925
- Miller & Lux, Inc. v. San Joaquin Light & Power Corp.California Court of Appeal · 1932
- Buckley v. Advance Rumely Thresher Co.Nebraska Supreme Court · 1921
6 more not listed; retrieve them via the Exa API.