Legal Opinion

Auburn Opera House & Pavilion Ass'n v. Hill

California Supreme Court

Decided March 9, 1893No. 18,097PublishedCited by 2 opinions

APPEAL from Superior Court, Placer County; W. II. Grant, Judge. Action by the Auburn Opera House and Pavilion Association against George M. Hill on a contract of subscription to stock in such corporation. Prom a judgment for defendant, plaintiff appeals. Reversed.

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APPEAL from Superior Court, Placer County; W. II. Grant, Judge. Action by the Auburn Opera House and Pavilion Association against George M. Hill on a contract of subscription to stock in such corporation. Prom a judgment for defendant, plaintiff appeals. Reversed. The complaint set out the prospectus in full, which constitutes the alleged contract signed by defendant, as follows: ‘ ‘ Object: To build an opera house and pavilion, combined, in Auburn, Placer county, California. To be built by a corporation with a capital stock of $20,000, consisting of one thousand shares at twenty dollars per…

1Per curiam

1. Under defendant’s contract of subscription for the stocks of plaintiff, as contained in the prospectus signed by defendant, and upon the facts alleged in the complaint as to plaintiff’s calls or demands for the amount agreed to be paid for such subscribed stock, the plaintiff is entitled to maintain this action: Marysville Electric Light Co. v. Johnson, 93 Cal. 546, 27 Am. St. Rep. 215, 29 Pac. 126; California Southern Hotel Co. v. Callender, 94 Cal. 120, 28 Am. St. Rep. 99, 29 Pac. 859.

2. It was not a condition precedent to defendant’s liability that $20,000 of plaintiff’s stock should be…

2Cases cited2 opinions

  1. California Southern Hotel Co. v. CallenderCalifornia Supreme Court · 1892
  2. Marysville Electric Light & Power Co. v. JohnsonCalifornia Supreme Court · 1892

3Cited by2 opinions

  1. Hamilton v. BellCalifornia Supreme Court · 1898
  2. Auburn Opera House & Pavilion Ass'n v. HillCalifornia Supreme Court · 1896

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