Pico v. De La Guerra
California Supreme Court
Appeal from the Third District. The instrument signed by Hartnell, ratifying what Smith had done and guaranteeing the payment of the $5,000 to Pico, is as follows: “ I, the undersigned, Miguel Smith, say, that having purchased from Don Abel Stearns the amount of two hundred cows, at the price of twenty-five dollars each, the value of which amount to $5,000, with the condition of my having the privilege of making payment in the term of two years reserved (?) from this date,-…
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Appeal from the Third District. The instrument signed by Hartnell, ratifying what Smith had done and guaranteeing the payment of the $5,000 to Pico, is as follows: “ I, the undersigned, Miguel Smith, say, that having purchased from Don Abel Stearns the amount of two hundred cows, at the price of twenty-five dollars each, the value of which amount to $5,000, with the condition of my having the privilege of making payment in the term of two years reserved (?) from this date,- with interest at two per cent, per month until said payment is made, and said Stearns having exacted of me a warrantee,…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
Action brought against defendants as executors of one Hartnell, to recover a sum of money. The facts are these : In 1853, Hartnell wrote a letter to Abel Stearns, asking him to sell certain cattle to one Smith, and guaranteeing payment of the price. Smith presented the letter to Stearns ; but Stearns did not conclude to trade upon the faith, or at least solely upon the faith of this letter, but sold the cattle to Smith, and took from him in consideration a joint note of Smith and Pico, the plaintiff here, for the price, (which was $5,000) bearing interest at the same…
2Cited by10 opinions
- Verdier v. RoachCalifornia Supreme Court · 1892
- Nathanson v. Superior CourtCalifornia Supreme Court · 1974
- Willis v. FarleyCalifornia Supreme Court · 1864
- National Automobile & Casualty Insurance v. AingeCalifornia Supreme Court · 1950
- In re Estate of HillCalifornia Supreme Court · 1885
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