Moore v. Jackson
California Supreme Court
Appeal from the District Court, Fifth Judicial District, County of San Joaquin. In June, 1872, defendant J. P. Jackson was the owner of a house and lot in the city of Stockton. One Charles Whale informed Jackson that defendant Moulton proposed to purchase the house and lot, and to repair the house and live in it; and Jackson answered that he could purchase it and do as he pleased with it, and they would not differ as to the price.
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Appeal from the District Court, Fifth Judicial District, County of San Joaquin. In June, 1872, defendant J. P. Jackson was the owner of a house and lot in the city of Stockton. One Charles Whale informed Jackson that defendant Moulton proposed to purchase the house and lot, and to repair the house and live in it; and Jackson answered that he could purchase it and do as he pleased with it, and they would not differ as to the price. Whale reported this conversation to Moulton, who thereupon entered into possession of the premises, and commenced making repairs thereon. Moulton paid no rent to…
1Opinion of the Court
By the Court, McKinstry, J.:
The findings show that defendant Moulton entered into possession of the premises with the consent of defendant Jackson, and that the repairs upon the house were authorized by Jackson. The fact that Jackson expected, and Moulton agreed, that the repairs should be paid for by the latter, and that he would purchase the property, did not change the relation of these persons as to third parties. Jackson received the benefit of the repairs, which he authorized Moulton to have made; and as to the material men and laborers, the latter was the agent of the former, and the…
2Cited by14 opinions
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