Braly v. Henry
California Supreme Court
Appeal from, a judgment of the Superior Court of Fresno County, and from an order refusing a new trial. The issues raised by the pleadings are stated in the opinion on the former appeal, reported in 71 Cal. 481. The further facts are stated in the opinion of the court.
1Opinion of the CourtWorks, J.
This is the second time this case has been before this court. (Braly v. Henry, 71 Cal. 481.)
We refer to the former opinion for a statement of the issues presented by the pleadings.
At the second trial in the court below the defendant was permitted to introduce evidence tending to show a contemporaneous agreement between the payee of the note and himself, by which he was to be credited with the quantity of hay the stack was found on measurement to fall short of the quantity estimated by the parties, and for which the note was executed. The question whether *325there was such a shortage is the only…
2Cases cited1 opinion
- Braly v. HenryCalifornia Supreme Court · 1886
3Cited by3 opinions
- Borden v. LynchMontana Supreme Court · 1906
- Roche v. BaldwinCalifornia Supreme Court · 1904
- McClung v. CampCalifornia Court of Appeal · 1933