Goodwin v. Nickerson
California Supreme Court
Appeal from the- District Court, Fourteenth Judicial District, County of Placer. Action upon a promissory note of which the following is a copy: $12,000. San Fbanoisoo, Cal., April 17, 1873. One year after date, for value received, I promise to pay to the order of J. O. Goodwin, twelve thousand dollars, with interest on the same at the rate of one and one-fourth (1-|-) per cent, per month from date until paid; principal and interest payable in gold coin. J. R. Nickerson.
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Appeal from the- District Court, Fourteenth Judicial District, County of Placer. Action upon a promissory note of which the following is a copy: $12,000. San Fbanoisoo, Cal., April 17, 1873. One year after date, for value received, I promise to pay to the order of J. O. Goodwin, twelve thousand dollars, with interest on the same at the rate of one and one-fourth (1-|-) per cent, per month from date until paid; principal and interest payable in gold coin. J. R. Nickerson. The defendant in his answer set up that he was the owner of a quartz mine on Wolf Creek, in the county of Nevada, and…
1Opinion of the Court
By the Court:
The twelve thousand dollar note sued on is clearly the note described and referred to in the contract between the parties, and the note is, therefore, to be read in connection with the contract, as though the note had been incorporated in the contract. In this view and upon any construction of the contract it was error in the court below to exclude the proof offered by the defendant that the plaintiff had broken one of the stipulations of the contract, in not having expended on the mine a sum greater than five hundred dollars.
Judgment and order denying a new trial reversed and…
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