Cox v. Western Pacific Railroad
California Supreme Court
Appeal from the District Court of the Third Judicial District, Alameda County. The Western Pacific Railroad Company is a corporation, formed on the 13th day of December, 1862, to build a railroad from a point at or near the City of San José, where it connected with the San Francisco and San José Railroad, through the Counties of Santa Clara, Alameda, San Joaquin, and Sacramento, to the City of Sacramento, a distance of one hundred and twenty-three miles, and there to connect…
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Appeal from the District Court of the Third Judicial District, Alameda County. The Western Pacific Railroad Company is a corporation, formed on the 13th day of December, 1862, to build a railroad from a point at or near the City of San José, where it connected with the San Francisco and San José Railroad, through the Counties of Santa Clara, Alameda, San Joaquin, and Sacramento, to the City of Sacramento, a distance of one hundred and twenty-three miles, and there to connect with the Central Pacific Railroad. On the 10th day of December, 1864, Charles McLaughlin entered into a contract with…
1Opinion of the Court
By the Court, Rhodes, J.:
The contract entered into between McLaughlan and Cox, Myers & Co. is an entire contract. The provision for the payment for the work, etc., from time to time, according to estimates to be made, does not change the character of the contract in that respect, and make it severable.
It is not alleged in the complaint that the work contracted to be performed has been completed, nor that its performance has been prevented by McLaughlin or either of the defendants, nor that the contract has been rescinded. The statute under which the lien in this case was filed does not…
2Cited by24 opinions
- Cox v. McLaughlinCalifornia Supreme Court · 1881
- McConnell v. Corona City Water Co.California Supreme Court · 1906
- Alderson v. HoustonCalifornia Supreme Court · 1908
- Farmers Loan & Trust Co. v. Canada & St. Louis Railway Co.Indiana Supreme Court · 1891
- Fairchild-Gilmore-Wilton Co. v. Southern Refining Co.California Supreme Court · 1910
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