Brady v. Wilcoxson
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, Sacramento County. This action was brought on the following contract: “This agreement, made and entered into this 3d November, A. 1). 1866, by and between Jefferson Wilcoxson and James Farris, of the County of Yolo, State of California, parties of the first part, and John F. Brady and Thomas Brady, of the County of Solano, State aforesaid, parties of the second part, witnesseth: That the said parties of the…
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Appeal from the District Court of the Sixth Judicial District, Sacramento County. This action was brought on the following contract: “This agreement, made and entered into this 3d November, A. 1). 1866, by and between Jefferson Wilcoxson and James Farris, of the County of Yolo, State of California, parties of the first part, and John F. Brady and Thomas Brady, of the County of Solano, State aforesaid, parties of the second part, witnesseth: That the said parties of the second part do hereby agree and bind themselves to receive and feed three hundred and forty-one head of cattle, weighing two…
1Opinion of the Court
By the Court, Niles, J.:
The contract provided two separate compensations to the plaintiffs for their labor and expense in the care and keeping of the cattle.
First—Eight cents per pound on the net increase in the weight of the cattle at the time of sale over the agreed net weight at the date of the contract.
Second—Two thirds of the increase in the price the cattle should be sold for over and above eight cents per pound on the net weight at the date of the agreement.
These compensations must be considered as cumulative, *245as there is nothing in the contract to show that either was to be received…
2Cited by23 opinions
- Cox v. McLaughlinCalifornia Supreme Court · 1881
- Perkins v. BlauthCalifornia Supreme Court · 1912
- Lineman v. SchmidCalifornia Supreme Court · 1948
- Swinnerton v. Argonaut Land & Development Co.California Supreme Court · 1896
- Coburn v. GoodallCalifornia Supreme Court · 1887
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