Blood v. Fairbanks
California Supreme Court
Appeal from the District Court, First Judicial District, Santa Barbara County. The plaintiff brought this action for damages, alleging that he and Hewitt took a herd of sheep from the defendant, under a contract of which the following is a copy:' “This agreement made at Santa Barbara, California, between John C. Fairbanks of the first part, and James A. Blood and Bosewell B. Hewitt of the second part, witnesseth: That the said party of the first part agrees to furnish to the…
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Appeal from the District Court, First Judicial District, Santa Barbara County. The plaintiff brought this action for damages, alleging that he and Hewitt took a herd of sheep from the defendant, under a contract of which the following is a copy:' “This agreement made at Santa Barbara, California, between John C. Fairbanks of the first part, and James A. Blood and Bosewell B. Hewitt of the second part, witnesseth: That the said party of the first part agrees to furnish to the said' parties of the second part twenty-seven hundred American ewes, to be kept, tended, and pastured by the said…
1Opinion of the Court
By the Court, Niles, J.:
In the former opinion rendered in this case, we said: “ Though it is alleged in the complaint that Fairbanks succeeded in effecting a purchase of the interest of Hewitt, through the false representation made to the latter that Blood had already sold, yet, as Hewitt does not appear to complain of the fraud, the sale of his interest to Fairbanks was valid to operate a dissolution of the copartnership, which, it is conceded, had theretofore existed between Blood and Hewitt under their contract with Fairbanks; and the latter having taken possession of the subject-matter of…
2Cited by4 opinions
- Walsh v. MckeenCalifornia Supreme Court · 1888
- Born v. CastleCalifornia Court of Appeal · 1913
- Weddingfeld v. GregersenSupreme Court of Colorado · 1923
- Green v. DavisSupreme Court of Colorado · 1919