Billings v. Everett
California Supreme Court
Appeal from the District Court, Third Judicial District, City and County of San Francisco. The defendant, The Clear Lake Water Works, was a corporation, and had commenced the excavation of a ditch from Cache Creek for the irrigation of land in Capay Valley. The defendant Everett owned a tract of over one thousand acres of land in the head of the valley, and was desirous of irrigating the same with water to flow in the ditch.
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Appeal from the District Court, Third Judicial District, City and County of San Francisco. The defendant, The Clear Lake Water Works, was a corporation, and had commenced the excavation of a ditch from Cache Creek for the irrigation of land in Capay Valley. The defendant Everett owned a tract of over one thousand acres of land in the head of the valley, and was desirous of irrigating the same with water to flow in the ditch. The corporation proposed to complete the ditch, and on the 26th of July, 1873, entered into a contract in writing with Everett, by which, in consideration of the…
1Opinion of the Court
The performance was a condition precedent to the right to demand and enforce payment. As the agreement was not performed, there is no right of action on the note. (Civil Code, sec. 1439; Smith v. Brady, 17 N. Y. 173; Barron v. Frink, 30 Cal. 488.)
As the consideration for the note was the agreement to construct the canal within the time limited, and as it was never performed, and no part of the work done, nor any part of the contract was done after either of the notes was given, the consideration failed. (Knight v. Knight, 28 Ga. 165; Simonton v. Steele, 1 Ala. 357; Plate v. Vega, 31 Cal. 383;…
2Cases cited12 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Burnett v. StearnsCalifornia Supreme Court · 1867
- Stacy v. KempMassachusetts Supreme Judicial Court · 1867
- Barron v. FrinkCalifornia Supreme Court · 1866
- Boynton v. TwittySupreme Court of Georgia · 1874
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- San Diego Land & Town Co. v. NealeCalifornia Supreme Court · 1888
- Murphy v. BennettCalifornia Supreme Court · 1886
- Robinson v. MuirCalifornia Supreme Court · 1907
- Duff v. DuffCalifornia Supreme Court · 1894
- Dillon Implement Co. v. CleavelandUtah Supreme Court · 1906
13 more not listed; retrieve them via the Exa API.