Argenti v. City of San Francisco
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. In 1853, William A. Barton and William Swain each entered into a contract with the authorities of the City and County of San Francisco to grade certain streets. Before they had completed the work, each assigned to Felix Argenti his contract and the amount due thereon.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. In 1853, William A. Barton and William Swain each entered into a contract with the authorities of the City and County of San Francisco to grade certain streets. Before they had completed the work, each assigned to Felix Argenti his contract and the amount due thereon. Argenti completed the contracts, and his demands under the same were audited by the city authorities and warrants were drawn on the Treasurer for the amount audited, payable to him or bearer. Argenti also purchased and had assigned to,…
1Opinion of the Court
By the Court, Rhodes, J.:
The first question is, 'what was the judgment of this Court on the former appeal ? Mr. Justice Cope, in closing his opinion (16 Cal. 275) says: “ Our conclusion is that the right of the plaintiff to recover is limited to the amount specified in the contracts to which we have referred, and legal interest upon such amount. The judgment is for a larger sum than the plaintiff is entitled to recover, and must, therefore, be reversed. Upon the return of the cause, the Court below will render a judgment in accordance with this opinion.
“Judgment reversed and cause remanded.”
Mr…
Also in this document: Concurrence.
2Cases cited7 opinions
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- Stearus v. AguirreCalifornia Supreme Court · 1857
- Soule v. DawesCalifornia Supreme Court · 1859
- People v. Ah TiCalifornia Supreme Court · 1858
- Clark v. BoyreauCalifornia Supreme Court · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lake v. BenderNevada Supreme Court · 1884
- Robinson v. MuirCalifornia Supreme Court · 1907
- Duff v. DuffCalifornia Supreme Court · 1894
- Duffitt & Ramsey v. CrozierSupreme Court of Kansas · 1883
- Ryan v. TomlinsonCalifornia Supreme Court · 1870
8 more not listed; retrieve them via the Exa API.