Williston v. Perkins
California Supreme Court
Appeal from the District Court, Seventh Judicial District, County of Solano. The -defendants built the schooner Joseph Perkins, at the city of Vallejo, said county.
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Appeal from the District Court, Seventh Judicial District, County of Solano. The -defendants built the schooner Joseph Perkins, at the city of Vallejo, said county. They were associated under the name of the “Co-operative Ship Building Association,” and commenced constructing the vessel in April, 1874, and completed it in January, 1875. While the vessel was being built, the association gave their laborers certificates, of which the following was the form: “Vallejo, Cal., July 11, 1874. “•This certifies that Chas. Booth is entitled to receive fifteen dollars and 75-100, in payment for three…
1Opinion of the Court
By the Court:
The defendants were entitled to only reasonable time in which to finish and sell the schooner, and that time having elapsed, the plaintiff could maintain this action. (19 Wall. 560.)
But the appellants claim in their points on file that there was no evidence whatever going to sustain the third finding, to the effect that by the agreement of the parties the demand *556sued for was to be paid in gold coin, and this was the first ground of their motion for a new trial in the court below.
The case was submitted here without oral argument. The respondent in his printed points has not…
2Cases cited1 opinion
- Nunez v. DautelSupreme Court of the United States · 1874
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