McCann v. Beach
California Supreme Court
Appeal from the District Court of the 8th Judicial District for the County of Yuha. On the 5th of August, 1850, McCann filed his complaint against Beach, stating that about the 1st of April, 1850, the parties made a written contract, under seal, by which it was mutually agreed that the plaintiff should go" to the town of Plumas, in the county of Yuba, and there hold himself in readiness to be elected “ chief magistrate of said town, provided the shareholders” thereof should…
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Appeal from the District Court of the 8th Judicial District for the County of Yuha. On the 5th of August, 1850, McCann filed his complaint against Beach, stating that about the 1st of April, 1850, the parties made a written contract, under seal, by which it was mutually agreed that the plaintiff should go" to the town of Plumas, in the county of Yuba, and there hold himself in readiness to be elected “ chief magistrate of said town, provided the shareholders” thereof should think proper to make him such chief magistrate; in which event the plaintiff was to continue to occupy said office, and…
1Opinion of the CourtJustice Murray
Lyons absent.) This was an action brought by McCann, the plaintiff in the Court below, against Beach, the defendant, upon a written contract executed by the plaintiff and defendant. The plaintiff gave notice in his declaration of the loss of the contract by fire, and that he should prove the contents by parol evidence. The defendant demurred to the complaint, and other proceedings were had which it is not the purpose of the Court here to advert to.
Upon the trial of the cause in the Court below, the plaintiff introduced in evidence the following affidavit: “State of California, County of San…
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