Tirrell v. Jones
California Supreme Court
Appeal from the District Court of the Seventh District, Solano County. This is an action upon an alleged contract by which the • plaintiff claims one half the profits made by the defendant in the purchase and sale of a lot of cattle.
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Appeal from the District Court of the Seventh District, Solano County. This is an action upon an alleged contract by which the • plaintiff claims one half the profits made by the defendant in the purchase and sale of a lot of cattle. It was alleged in the complaint that defendant agreed with plaintiff that if he would accompany him to the lower part of the State and lend his assistance and personal services in the purchasing, driving and taking care of a lot of cattle, he (defendant) would furnish all the money necessary in the business without charge therefor, and would market and sell said…
1Opinion of the CourtCrockett, J.
We discover no error in this record. The testimony of the plaintiff proves the contract substantially as alleged in the complaint; and though the defendant contradicts the plaintiff in most of his material statements in respect to the contract, it is simply a case of conflicting evidence, on the credibility of which it was peculiarly the province of the jury to decide. The charge of the Court, we think, placed the case fairly before the jury, and we perceive no reason for disturbing the verdict. The item for interest on the money invested by the defendant in the enterprise was properly…
2Cited by5 opinions
- Clement v. DuncanCalifornia Supreme Court · 1923
- Adams v. LambardCalifornia Supreme Court · 1889
- Tolmie v. San Diego Fruit and Produce Co.Idaho Supreme Court · 1937
- Doan v. DyerCourt of Appeals for the Ninth Circuit · 1923
- Young v. Estate of CanfieldCalifornia Court of Appeal · 1917