Sharp v. County of Contra Costa
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. This was an action, commenced January 16th, 1865, on a judgment for eighty-five thousand dollars, with interest thereon at the rate of five per cent per month from the date of its rendition, July 18th, 1860. The cause was tried before the Court without a jury, on an agreed statement of facts.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. This was an action, commenced January 16th, 1865, on a judgment for eighty-five thousand dollars, with interest thereon at the rate of five per cent per month from the date of its rendition, July 18th, 1860. The cause was tried before the Court without a jury, on an agreed statement of facts. The following are substantially the facts involved : In 1852, the Board of Supervisors of Contra Costa County agreed with one Gilman, in consideration that he should build a bridge across San Antonio Creek, to…
1Opinion of the Court
By the Court, Sanderson, J.:
The law of contracts, as between private individuals, invoked by the learned counsel for the appellant, does not, as we consider, furnish the rule of decision in this case. Whether a given sum of indebtedness can be satisfied by the bare payment of a less sum, though received as payment in full by the creditor, or whether the remedies existing at the date of a given contract become a part of the contract, and cannot therefore be impaired by subsequent legislation, are questions which we do not find it necessary to discuss in this place.
In this case a sovereign is…
2Cases cited3 opinions
- People ex rel. McCauley & Tevis v. BrooksCalifornia Supreme Court · 1860
- Emeric v. GilmanCalifornia Supreme Court · 1858
- Hunsaker v. BordenCalifornia Supreme Court · 1855
3Cited by15 opinions
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- County of San Mateo v. CoburnCalifornia Supreme Court · 1900
- People v. Doe G. 1,034California Supreme Court · 1868
- Westinghouse Elec. & Mfg. Co. v. ChambersCalifornia Supreme Court · 1915
- Sinton v. AshburyCalifornia Supreme Court · 1871
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