Barber v. Burrows
California Supreme Court
Appeal from the District Court, Sixth Judicial District, County of Sacramento. On the 10th day of June, 1872, defendant Burrows entered into a contract in writing with the plaintiff to erect for him a dwelling-house in Sacramento and furnish the materials therefor. The plaintiff was to pay him five thousand two hundred dollars.
Read the full summary
Appeal from the District Court, Sixth Judicial District, County of Sacramento. On the 10th day of June, 1872, defendant Burrows entered into a contract in writing with the plaintiff to erect for him a dwelling-house in Sacramento and furnish the materials therefor. The plaintiff was to pay him five thousand two hundred dollars. At the same time, Burrows, as principal, and defendants Bauquier and Gwynn, as sureties, executed to the plaintiff a bond in the penal sum of four thousand dollars, conditioned that Burrows should perform the terms of his contract. The dwelling, by the terms of the…
1Opinion of the Court
By the Court:
The instrument of September 2, 1872, was never completely executed. It is evident upon an inspection of the writing itself that it was intended to be signed by all the parties to the contract upon which it was indorsed. These parties were the two principals in the contract and the two sureties upon the bond attached to and forming a part of the contract. It was signed by but three of these persons.
As the contract for the extension of time was not complete, it was not obligatory.
Judgment and order denying a now trial affirmed. Remittitur forthwith.
2Cited by15 opinions
- Jackson v. TorrenceCalifornia Supreme Court · 1890
- American Aeronautics Corp. v. Grand Central Aircraft Co.California Court of Appeal · 1957
- Winter v. KittoCalifornia Court of Appeal · 1929
- Angell v. RowlandsCalifornia Court of Appeal · 1978
- Anthony MacAroni Co. v. NunziatoCalifornia Court of Appeal · 1935
10 more not listed; retrieve them via the Exa API.