Myers v. South Feather River Water Co.
California Supreme Court
Appeal from the Fifteenth District. The facts can be gathered from the opinion in 10 Oal. 580 and the opinion on this appeal. The matters set up in the answer of defendants, as set forth in 10 Oal. 581, 582, were proven. On the last trial it appeared, that at the settlement between plaintiff and defendant, April 12th, 1856, there was due plaintiff eight thousand one hundred and twenty-five dollars and fifty-four cents.
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Appeal from the Fifteenth District. The facts can be gathered from the opinion in 10 Oal. 580 and the opinion on this appeal. The matters set up in the answer of defendants, as set forth in 10 Oal. 581, 582, were proven. On the last trial it appeared, that at the settlement between plaintiff and defendant, April 12th, 1856, there was due plaintiff eight thousand one hundred and twenty-five dollars and fifty-four cents. Lumbert & Oo. having demanded this sum, Uov. 1st, 1856, and defendant then electing to pay in cash, instead of water, paid L. & Co. five thousand six hundred and thirty-two…
1Opinion of the CourtBaldwin, J.
This case, involving the construction of a certain contract, was here before. The contract is fully set out, and will be found in 10 Cal. 580. After the return of the cause, it was tried again, and is brought up, by the plaintiff on appeal, from the judgment of the District Judge, who tried the case without a jury. The contract was to dig a ditch by plaintiff for defendant, and the question arises as to the construction of the following sections of the contract : “ For and in consideration of which, the parties of the second part agree to pay to the party of the first part, the sum of three…
2Cases cited1 opinion
- Myers v. S. Feather Water Co.California Supreme Court · 1858