Jenny Lind Co. v. Bower & Co.
California Supreme Court
Appeal from the District Court of the Eleventh Judicial District, County of Placer. This was an action to recover damages for an alleged trespass upon the mining grounds of the plaintiffs.
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Appeal from the District Court of the Eleventh Judicial District, County of Placer. This was an action to recover damages for an alleged trespass upon the mining grounds of the plaintiffs. The claims of the parties adjoin each other ; and in June, 1857, they entered into a written agreement as to the dividing line between the claims, describing the same as commencing at a designated point, and “ running thence north twenty-three degrees and fifteen minutes west, six hundred and forty-three feet to afine stake,” and “ thence north forty-five degrees west to Devil’s canon and the principal…
1Opinion of the Court 1
The Court erred in permitting parol evidence of the agreement made by the parties to this action, which was reduced to writing and signed by the parties.
2d. The Court erred in permitting proof of custom which varied the terms of the agreement referred to.
3d. The Court erred in not granting a new trial upon the ground of newly discovered evidence.
Authorities: Chitty on Contracts, pp. 107,109, 80, 81, 106, and 107; 1 Peters’ Rep., p. 591; 1 Greenleaf on Ev., pp. 351, 352, 356, 367, and 377; 1 John. 192; 2 Sumner, 568 ; 7 Yerger, 340; 3 Grattan, 262; 2 Wheat. 316; Doe v. Lea, 11 East. 312 ; 11…
Also in this document: Opinion of the Court · Field.
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