Hawkins v. Hawkins
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The following facts were alleged in the complaint: The plaintiff owned several hundred tons of wheat lying in the sack in Solano County, part of it north of Putah Creek, and part of it south of that creek.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The following facts were alleged in the complaint: The plaintiff owned several hundred tons of wheat lying in the sack in Solano County, part of it north of Putah Creek, and part of it south of that creek. Defendants Ballard and Hall were commission merchants and partners, doing business in San Francisco, and purchasing wheat in Solano County, and defendant Hawkins was their agent in Solano County. Defendant Hawkins, as such agent, contracted with the plaintiff to buy his wheat, that part of it…
1Opinion of the Court
By the Court:
The demurrer was properly sustained. It does not appear from the complaint that any relation of especial trust or confidence existed between the parties to the contract, or that the means of knowledge as to the terms and, conditions of the writing were not equally open and accessible to both. The care and diligence of a prudent man in the transaction of his business would demand an examination of the instrument before signing, either by himself or by some one for him in whom he had a right to place confidence.
The fact that the plaintiff was illiterate, and could read manuscript…
2Cited by54 opinions
- Casey v. ProctorCalifornia Supreme Court · 1963
- California Trust Co. v. CohnCalifornia Supreme Court · 1932
- Calmon v. SarrailleCalifornia Supreme Court · 1904
- Meyer v. HaasCalifornia Supreme Court · 1899
- Fritz v. FritzSupreme Court of Minnesota · 1905
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