Clay v. Walton
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, County of San Francisco. This was an action commenced by J. P. Clay and William Templeton, copartners in business, against the defendant, to recover the sum of $2,366 10, for bricks alleged to have been sold and delivered to defendant.
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Appeal from the District Court of the Fourth Judicial District, County of San Francisco. This was an action commenced by J. P. Clay and William Templeton, copartners in business, against the defendant, to recover the sum of $2,366 10, for bricks alleged to have been sold and delivered to defendant. Defendant, in his answer, denied the indebtedness as charged in the complaint, and alleged that the bricks were sold and delivered to John S. Williams, with, whom the defendant had contracted for the construction of a brick dwelling-house; that Williams by his contract was to furnish all the bricks…
1Opinion of the CourtField, J.
The only question in this case for our consideration is whether the promise of the defendant is within the Statute of Frauds. The recollection of Williams of the language used by the defendant is not very clear. He does not pretend to give the precise words, and a slight mistake in this respect might have the effect of changing a promise, intended to be conditional and collateral, into an independent and original undertaking. But, if we assume that the language is accurately repeated by the witness, it is still insufficient to fasten a liability upon the defendant under the statute. It shows…
2Cases cited2 opinions
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- Gerow v. RiffeWest Virginia Supreme Court · 1887
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