Lightner v. Menzel
California Supreme Court
Appeal from the District Court, Sixteenth Judicial District, Kern County. This action was brought on the following contract: “ This agreement, made the 22d day of April, A. D. 1867, between D. S. Lightner and W. Lightner, partners doing-business in the Town of Havilah, in the County of Kern, and State of California, under the firm name of Lightner & Lightner, with John Dunlap as their surety, of the first part, and William Menzel, of the same place, with Hammel & Denker as…
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Appeal from the District Court, Sixteenth Judicial District, Kern County. This action was brought on the following contract: “ This agreement, made the 22d day of April, A. D. 1867, between D. S. Lightner and W. Lightner, partners doing-business in the Town of Havilah, in the County of Kern, and State of California, under the firm name of Lightner & Lightner, with John Dunlap as their surety, of the first part, and William Menzel, of the same place, with Hammel & Denker as his surety, of the second part, witnesseth: That the said parties of the first part, for the considerations hereinafter…
1Opinion of the Court
By the Court, Sawyer, C. J. :
There is no error in denying a continuance, under the circumstances of the case, or in overruling the several demurrers.
There can be no doubt that the sureties of the defendant Menzel are liable upon all the covenants on the part of Menzel contained in the contract—that is to say, they are liable for the meats furnished defendant Menzel, and the rents due under the contract, and also for any breach that might occur in his refusing to take the meats covenanted to be taken. The damages for a breach would be limited to five hundred dollars, but for the meats actually…
2Cited by13 opinions
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- Landis v. MorrisseyCalifornia Supreme Court · 1886
- Baumberger v. ArffCalifornia Supreme Court · 1892
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