Legal Opinion · Concurrence

Myers v. S. Feather Water Co.

California Supreme Court

Decided July 1, 1858PublishedCited by 4 opinions

Appeal from the District Court of the Fifteenth Judicial District, County of Butte. Plaintiff had judgment in the Court below for the sum of $24,775 11, from which the ■ defendants appealed to this Court. The facts of the case appear in the opinion of the Court.

1ConcurrenceTerry, C. J.

We are saved the necessity of investigating the multitude of points upon which the ingenuity of counsel has exhausted itself; as, in our opinion, a single objection taken by the appellant is conclusive, and requires the reversal of the judgment below.

The plaintiff brought this suit upon a contract made by him and the appellant, whereby the plaintiff agreed to dig for the company a certain line of ditch, which is particularly described, of given dimensions, and to be constructed in a given manner. In consideration of this, the respondent contracted to pay the plaintiff the sum of three dollars…

2Cited by4 opinions

  1. Cutting Packing Co. v. Packers' ExchangeCalifornia Supreme Court · 1890
  2. First National Bank v. Pomona Tile Manufacturing Co.California Court of Appeal · 1917
  3. Frese v. MooreCalifornia Court of Appeal · 1905
  4. Myers v. South Feather River Water Co.California Supreme Court · 1859

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