Legal Opinion

Hay v. McDonald

California Court of Appeal

Decided May 3, 1917No. Civ. No. 1851PublishedCited by 1 opinion

APPEAL from a judgment of the Superior Court of Kern County, and from an order denying a new trial. J. W. Mahon, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtJames, J.

Appeal from a judgment in favor of defendant and from an order of the trial court denying a motion for new trial. The action was brought to enforce payment of one thousand dollars on an alleged written promise of the defendant. The writing evidencing the alleged agreement was in the following form:

“Bakersfield, Mar. 29-07.
“I. 0. U.
“One Thousand dollars on completion of sale of lots 3 & 4 in Block 273 in City of Bakersfield.
“R. McDonald, “Cashier.”

It appears that plaintiff as an agent was attempting to effect a sale of certain real property which was owned by one Weill. Plaintiff had failed to…

2Cases cited4 opinions

  1. Southern Pacific Co. v. Von Schmidt Dredge Co.California Supreme Court · 1897
  2. Hobson v. HassettCalifornia Supreme Court · 1888
  3. McCormick v. Stockton & Tuolumne County RailroadCalifornia Supreme Court · 1900
  4. Hay v. McDonaldCalifornia Court of Appeal · 1913

3Cited by1 opinion

  1. Caine v. PolkinghornCalifornia Court of Appeal · 1921

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