Sinclair v. Wood
California Supreme Court
Appeal from the Third Judicial District. This was an action brought for the recovery of the value of a quantity of potatoes, sold by plaintiffs to defendants, as partners, on the 28th September, 1851, alleged to be of the value of - $1925 50, of which plaintiffs admit payment of $941 18, and claim the balance of $984 40. The payment admitted was made in gunny-lags (so called). The summons was returned “served on J. C. Wood;” “defendant D. C. Wood, not found.”
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Appeal from the Third Judicial District. This was an action brought for the recovery of the value of a quantity of potatoes, sold by plaintiffs to defendants, as partners, on the 28th September, 1851, alleged to be of the value of - $1925 50, of which plaintiffs admit payment of $941 18, and claim the balance of $984 40. The payment admitted was made in gunny-lags (so called). The summons was returned “served on J. C. Wood;” “defendant D. C. Wood, not found.” J. C. Wood answers, and denies the facts stated in the complaint, and specially denies that there is any balance or any sum due from…
1Opinion of the CourtHeydenfeldt, Justice
Wells, Justice, concurred.
Evidence was allowed on the trial to prove a partnership by general reputation.
The contents of letters were also permitted to be given in evidence, without proving that they were written by the party who was to be charged by their contents.
These errors are so manifest, that their statement alone is sufficient to show that the judgment in this cause must be reversed, and the cause remanded.
Ordered accordingly.
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