Farnsworth v. Sutro

CHIPMAN, C.

The complaint set forth that plaintiff Farnsworth and one J. J. Haley, copartners as D. L. Farnsworth & Co., entered into an agreement in writing with defendant, in which it was agreed, among other things, that defendant would pay the said Farnsworth and Haley the sum of five thousand dollars upon the performance by them of certain conditions. After they had fully performed on their part, Haley became insolvent, and the action was brought by Farnsworth and by Humphrey as assignee of Haley. Defendant demurred to the complaint, alleging,—1. That the cause of action is barred-by…