Streeter v. Rush
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Solano County. The following is the contract of sale executed by Streeter to Rush: “ Know all men by these presents, that I, John Streeter, of the Town of Suisun, in the County of Solano, and State of California, of the first pari, for and in consideration of the sum of eight hundred dollars, lawful money of the United States, to me paid by Hiram Rush, of the same town and State, of the second pari, the receipt…
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Appeal from the District Court, Seventh Judicial District, Solano County. The following is the contract of sale executed by Streeter to Rush: “ Know all men by these presents, that I, John Streeter, of the Town of Suisun, in the County of Solano, and State of California, of the first pari, for and in consideration of the sum of eight hundred dollars, lawful money of the United States, to me paid by Hiram Rush, of the same town and State, of the second pari, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do grant and convey unto the said party of the…
1Opinion of the Court
By the Court, Rhodes, J.
The plaintiff sold to the defendant his butcher shop, the fixtures and tools, and certain personal property connected with the business, receiving therefor two promissory notes of the defendant; and in his contract of sale he entered into this covenant with the defendant: “ I also bind myself in the sum of five hundred dollars to said Rush not to go into the butchering business in said Suisun, without the consent of said Rush, in any manner whatever.” The plaintiff now sues on the notes, and the defendant offers to set off the sum of five hundred dollars due him by…
2Cases cited1 opinion
- Williams v. Dakin & BaconCourt for the Trial of Impeachments and Correction of Errors · 1839
3Cited by13 opinions
- McCarthy v. TallyCalifornia Supreme Court · 1956
- Mahlstedt v. FugitCalifornia Court of Appeal · 1947
- Merica v. BurgetIndiana Court of Appeals · 1905
- Smith v. Royal Manufacturing Co.California Court of Appeal · 1960
- Brennan v. ClarkNebraska Supreme Court · 1890
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