Humboldt M. Co. v. N.W. Pac. Ry. Co.

The plaintiff brings this action to recover damages for the alleged breach of a written agreement entered into between W. J. Swortzel and R. R. Smith, copartners under the firm name of Swortzel & Smith, of the one part, and Eel' River & Eureka Railroad Company, a corporation, of the other part. The plaintiff claims as assignee of the rights of Swortzel & Smith under said agreement, and seeks to hold the defendant as successor in interest to the said Eel River & Eureka Railroad Company.. The agreement in question was executed on March 27, 1901. Prior to that time, as the complaint avers,…