Cox v. McLaughlin
California Supreme Court
The parties to the contract were Jerome B. Cox, Thomas J. Arnold, and Jackson It. Myers, known by the firm name of Cox, Myers & Co., of the first part, and Charles McLaughlin, of the second part. After the work was commenced Myers assigned his interest in the contract to Cox and Arnold, and the work from that time was carried on by them. The action was brought by Cox and Arnold, but Arnold subsequently died, and the action was continued in the name of Cox.
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The parties to the contract were Jerome B. Cox, Thomas J. Arnold, and Jackson It. Myers, known by the firm name of Cox, Myers & Co., of the first part, and Charles McLaughlin, of the second part. After the work was commenced Myers assigned his interest in the contract to Cox and Arnold, and the work from that time was carried on by them. The action was brought by Cox and Arnold, but Arnold subsequently died, and the action was continued in the name of Cox. As originally commenced, one of the objects of the action was to enforce a lien for the work done and materials furnished, and there were…
1Opinion of the CourtRoss, J.
For many reasons the judgment of the court below is erroneous. The action is one at law, on a special contract, the plaintiff alleging part performance of the contract on his part, and that of his predecessors in interest, and the preventing of the completion of it by the defendant. The case has been here repeatedly, the complaint on which the last trial was had being the seventh complaint filed in the action. Naturally enough, therefore, certain propositions have become the law of' the case. Among them that averment and proof of prevention is essential to a recovery by plaintiff, inasmuch as…
2Cases cited6 opinions
- Holmes v. RichetCalifornia Supreme Court · 1880
- Cox v. McLaughlinCalifornia Supreme Court · 1880
- Loup v. California Southern RailroadCalifornia Supreme Court · 1883
- Cox v. Western Pacific RailroadCalifornia Supreme Court · 1872
- Cox v. McLaughlinCalifornia Supreme Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Cox v. McLaughlinCalifornia Supreme Court · 1881
- Fairchild-Gilmore-Wilton Co. v. Southern Refining Co.California Supreme Court · 1910
- California Annual Conference of the Methodist Episcopal Church v. SeitzCalifornia Supreme Court · 1887
- Gray v. CottonCalifornia Supreme Court · 1913
- McGlauflin v. WormserMontana Supreme Court · 1903
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