Emery v. Guadalupe Mason
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was commenced on the 16th of October, 1883, against the personal representatives of one Charles G. Mason for an accounting.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was commenced on the 16th of October, 1883, against the personal representatives of one Charles G. Mason for an accounting. The plaintiff bases his right to an accounting upon a certain agreement entered into by him and Mason on or about the 20th of August, 1863. By the terms of the agreement the plain' tiff agreed to furnish Mason the value of five hundred dollars in money, tools, and provisions, and in consider» ation thereof Mason agreed to go on a…
1Opinion of the CourtMcKinstry, J.
—The appellant contends the facts of this case resemble those in the case of Harris v. Hillegass, 54 Cal. 463. But in Harris v. Hillegass, the court below had sustained a demurrer to the complaint, and this court held the complaint stated a cause of action. In the case at bar the superior court overruled a demurrer to the complaint, and found upon evidence adversely to allegations of the complaint which were denied by the answer.
The complaint avers that in consideration of money, provisions, and tools furnished by plaintiff to Charles G. Mason, under the prospecting contract—alleged in the…
2Cases cited1 opinion
- Harris & Jacoby v. HillegassCalifornia Supreme Court · 1880
3Cited by10 opinions
- Prince v. LambCalifornia Supreme Court · 1900
- Fox v. HallCalifornia Supreme Court · 1912
- Berkowitz v. the Kiener Co.California Court of Appeal · 1940
- Davis v. HoferOregon Supreme Court · 1900
- Putman v. Superior Court of Los Angeles Cty.California Supreme Court · 1930
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