Donahue v. Cromartie
California Supreme Court
Appeal from the Twelfth Judicial District. The complaint sets forth a written contract between the plaintiff and the defendants, by which the former agrees to furnish to the latter a number of pieces of iron machinery specified therein in detail, consisting of a steam engine and boilers, and articles commonly used in connection with them, and also certain iron pans, tardes, pipes, etc., in consideration of which the defendants agree to pay the sum of $9,050—$2,000 in hand…
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Appeal from the Twelfth Judicial District. The complaint sets forth a written contract between the plaintiff and the defendants, by which the former agrees to furnish to the latter a number of pieces of iron machinery specified therein in detail, consisting of a steam engine and boilers, and articles commonly used in connection with them, and also certain iron pans, tardes, pipes, etc., in consideration of which the defendants agree to pay the sum of $9,050—$2,000 in hand and the balance in ninety days. The agreement does not state or refer to the uses to which it was intended to put the…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
The only question in this case is whether the machinery mentioned in the pleadings was intended to be and was used as a part of the building of the sugar refinery. If so, the price stipulated to be paid for It constituted a lien, within the meaning of the statute. It is argued, that parol proof of this intended use or purpose cannot *86be introduced in aid of the written contract for the machinery, which is silent on the subject. But we think that this evidence is not inadmissible. It does not contradict or add any new term to the written contract; it merely shows the…
2Cited by4 opinions
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- Kentucky Lead & Oil Co. v. New Albany Water-WorksIndiana Supreme Court · 1878