Frankel v. Stern
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. The complaint averred the mistake in the undertaking sued on, by the omission of the Avord “ thousand,” and asked that the contract be reformed by inserting the word. The judgment did not decree a reformation, but was a simple judgment for one thousand eighty-one and ten one hundredths dollars damages and costs in the attachment suit. The defendants appealed.
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Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. The complaint averred the mistake in the undertaking sued on, by the omission of the Avord “ thousand,” and asked that the contract be reformed by inserting the word. The judgment did not decree a reformation, but was a simple judgment for one thousand eighty-one and ten one hundredths dollars damages and costs in the attachment suit. The defendants appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Belcher, J.:
The action is based upon an undertaking, the material portions of which are as follows : “Sow therefore, we, the undersigned, residents of the City and County of San Francisco, in consideration of the premises and of the issuing of the said attachment, do jointly and severally undertake, in the sum of two thousand two hundred and twenty-five dollars, gold coin, and promise to the effect that if the said defendant recover judgment in said action, the plaintiff' will pay all costs that may be awarded to the said defendant, and all damages which he may sustain by reason…
2Cases cited2 opinions
- Teall v. Van WyckNew York Supreme Court · 1851
- People v. Judges of Oneida Common PleasNew York Supreme Court · 1828
3Cited by6 opinions
- Heine v. WrightCalifornia Court of Appeal · 1926
- Jackson v. JohnsonSupreme Court of Georgia · 1881
- Kasun v. TodevichMontana Supreme Court · 1924
- Whitney v. DarrowOregon Supreme Court · 1875
- Commonwealth for Use v. SteinSupreme Court of Pennsylvania · 1937
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