Higgins v. Parsons
California Supreme Court
Appeal from, a judgment of the Superior Court of Mendocino County, and from an order refusing a new trial. The plaintiff agreed to convey to the defendant certain real estate upon the payment of seven thousand dollars, and interest at the rate of one per cent per month. When the agreement was reduced to writing and the note was executed the rate of interest was stated to be one per cent per annum. The action was brought to reform the agreement.
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Appeal from, a judgment of the Superior Court of Mendocino County, and from an order refusing a new trial. The plaintiff agreed to convey to the defendant certain real estate upon the payment of seven thousand dollars, and interest at the rate of one per cent per month. When the agreement was reduced to writing and the note was executed the rate of interest was stated to be one per cent per annum. The action was brought to reform the agreement. The remaining facts are stated in the opinion of the court. ,
1Opinion of the CourtSharpstein, J.
The court found that in a verbal agreement made prior to the execution of the written instrument, which this action was brought to have reformed, “it was stipulated that the defendant should pay plaintiff interest on seven thousand dollars at the rate of one per cent per inonth,” and that the plaintiff believed, at the time of signing said instrument, that it contained that stipulation, and that defendant knew, at the time of signing said instrument, that it did not contain that stipulation, but did contain one that defendant should pay interest at the rate of one per cent per annum.
The…
2Cited by15 opinions
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- Sullivan v. MoorheadCalifornia Supreme Court · 1893
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