Emmerson v. Weeks
California Supreme Court
Appear from a judgment for the defendant, and from an order denying a new trial, in the Superior Court of Santa Clara County.
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Appear from a judgment for the defendant, and from an order denying a new trial, in the Superior Court of Santa Clara County. Head, J. The opening statement referred to in the opinion in effect stated, that the lan,d upon which the timber, referred to in the complaint, grew, was once the property of R. J. Weeks, the father of the defendant, and the plaintiff having acquired the title thereto in satisfaction of a debt, leased it (simply for cultivation) to R. J. Weeks for the term of ten years, with the agreement that he would sell the land to him for the amount of the original debt; that…
1Opinion of the Court
Thornton, J.:
On the trial of this cause, the plaintiff was nonsuited on the opening statement of his counsel.
The action was brought, as shown by the complaint, to recover for timber cut by defendant from plaintiff’s land, situated in the County of San Mateo, under an agreement made between the parties to this action, the defendant agreeing to pay therefor whatever it was reasonably worth. It is averred that defendant, under such agreement, on the 15th of July, 1877, entered on said land, and cut and removed therefrom one million two hundred thousand feet of timber then growing thereon; that…
2Cited by11 opinions
- Bias v. ReedCalifornia Supreme Court · 1914
- Paul v. Layne & Bowler Corp.California Supreme Court · 1937
- Kaukonen v. AroCalifornia Court of Appeal · 1956
- Bonetti v. Double Play TavernCalifornia Court of Appeal · 1954
- Jordan v. ReedSupreme Court of New Jersey · 1908
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