Lane v. Gluckauf
California Supreme Court
Appeal from the District Court, Second Judicial District, Butte County. This action was brought upon a written contract, of which the following is a copy : “ Oeoville, August 4, 1863. “ $2,843. ■ “Six months after date, without grace, for value received, I promise to pay to the order of George C. Perkins the sum of $2,843 in gold coin of the standard value of 1860 of the United States of America, with interest at one and one half per cent per month till paid.
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Appeal from the District Court, Second Judicial District, Butte County. This action was brought upon a written contract, of which the following is a copy : “ Oeoville, August 4, 1863. “ $2,843. ■ “Six months after date, without grace, for value received, I promise to pay to the order of George C. Perkins the sum of $2,843 in gold coin of the standard value of 1860 of the United States of America, with interest at one and one half per cent per month till paid. And if said principal and interest is not paid in gold coin, as above stated, then, for value received I promise to pay to the order of…
1Opinion of the Court
By the Court,
Sanderson, C. J.
All the points made by counsel for appellant relating to the constitutionality of the so-called Specific Contract Act of 1863 we pass without further notice. So far as this Court is concerned, that question has been put at rest (Carpentier v. Atherton, 25 Cal. 564,) and contracts'made under that Act must be held valid.
But it is claimed that the contract in this case is not within the meaning of that Act, and in support of that proposition the case of Lamping v. Hyatt et al., 26 Cal. 99, is cited. That case, however, does not sustain the proposition. We there held…
Also in this document: Concurrence · Sawyer; Concurrence · Currey.
2Cases cited2 opinions
- Mulford v. Le FrancCalifornia Supreme Court · 1864
- Carpentier v. AthertonCalifornia Supreme Court · 1864
3Cited by15 opinions
- Riggs, Ferris & Geer v. Harrison LillibridgeCourt of Appeals for the Second Circuit · 1963
- Burnett v. StearnsCalifornia Supreme Court · 1867
- Durbin v. HillmanCalifornia Court of Appeal · 1920
- Corcoran v. DollCalifornia Supreme Court · 1867
- Estate of GuastiCalifornia Court of Appeal · 1953
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