Johnson v. Moss
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The defendant was the owner of a public ferry across the San Joaquin River, at a point known as Shepherd’s Ferry,' or Mossdale, and the plaintiff owned another ferry known as Johnson’s Ferry, at a point a short distance below Mossdale.
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Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The defendant was the owner of a public ferry across the San Joaquin River, at a point known as Shepherd’s Ferry,' or Mossdale, and the plaintiff owned another ferry known as Johnson’s Ferry, at a point a short distance below Mossdale. The plaintiff" alleged in his complaint “ that on said 1st day of May, 1865, he purchased of defendant, for the consideration of fifteen hundred dollars, gold coin of the United States, the good will and franchise of defendant’s said ferry, and that defendant, for the…
1Opinion of the Court
By the Court, Belcher, J.:
The contract, as it is set out in the complaint, did not require the defendant to give to the plaintiff any written guaranty that he would- not reestablish his ferry. It is simply alleged that the plaintiff purchased of the defendant, for the consideration of one thousand five hundred dollars, the good will and franchise of the ferry, and that the defendant agreed to remove his ferryboat and fixtures, and that he would not again establish or maintain a ferry, or permit one to be established or maintained at the same point.
As against the plaintiff the complaint must…
2Cited by13 opinions
- Kirk v. CulleyCalifornia Supreme Court · 1927
- Childs v. PtomeyMontana Supreme Court · 1896
- Elmore v. ElmoreCalifornia Supreme Court · 1896
- Reed v. NortonCalifornia Supreme Court · 1893
- Wood, Curtis & Co. v. SeurichCalifornia Court of Appeal · 1907
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