Adams v. Patterson
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. On the bill of items appended to the complaint was a credit “By cash $200,” dated April 24th, 1861. All the other items were on the debit side. The plaintiff recovered judgment for the whole account, and the defendant appealed. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sawyer, C. J.:
We do not see how the judgment in this case can be sustained. There are two causes of action stated—one upon an account stated, the other for lumber sold and delivered, a bill of items with the dates of delivery and prices of the several items being appended, as Exhibit A, and made a part of the complaint, and of each count in it. The material allegations of the first cause of action were put in issue by the answer, but no proof was offered by the plaintiffs to support their claim under it, and the recovery must, therefore, have been had on the other cause.
The suit…
2Cases cited2 opinions
- Norton v. LarcoCalifornia Supreme Court · 1866
- Dupuy v. ShearCalifornia Supreme Court · 1865
3Cited by4 opinions
- Brown v. World ChurchCalifornia Court of Appeal · 1969
- Hopkins v. HopkinsCalifornia Court of Appeal · 1953
- Santa Rosa National Bank v. BarnettCalifornia Supreme Court · 1899
- Rocca v. KleinCalifornia Supreme Court · 1888