Cummings v. Howard
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco. The action was brought to recover a sum of money with interest alleged to be due from the defendant to the plaintiff as a balance unpaid on a certain contract stated in the complaint. When the money became due, the rate of interest was seven per cent per annum, but the statute was afterwards changed, and the rate increased to ten per cent per annum.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco. The action was brought to recover a sum of money with interest alleged to be due from the defendant to the plaintiff as a balance unpaid on a certain contract stated in the complaint. When the money became due, the rate of interest was seven per cent per annum, but the statute was afterwards changed, and the rate increased to ten per cent per annum. The court allowed seven per cent until the change in the statute, and ten per cent thereafter. The additional facts appear in the opinion of the court.
1Per curiam
To sustain thejudgment—there being no written findings—all the facts alleged in the complaint will be presumed to have been found by the Superior Court. It is alleged plaintiff made a deed of conveyance of the lands described, to defendant; that when the conveyance was made “doubts existed as to the entire validity of the title, on account” of the pendency of two actions against the property; that the defendant agreed to pay the balance of the purchase money if plaintiff succeeded in defeating the two actions, and in making a clear title; that plaintiff succeeded in defeating both said…
2Cases cited2 opinions
- Dunne v. MastickCalifornia Supreme Court · 1875
- Bullock v. BoydNew York Court of Chancery · 1840
3Cited by5 opinions
- Southern California Disinfecting Co. v. LomkinCalifornia Court of Appeal · 1960
- Gregory v. StateCalifornia Supreme Court · 1948
- Melone v. DavisCalifornia Supreme Court · 1885
- Michal v. AdairCalifornia Court of Appeal · 1944
- Hewett v. DeanCalifornia Supreme Court · 1891