Christian Coll. v. Hendley
California Supreme Court
Appeal from the District Court, Seventh Judicial District, County of Sonoma. A number Di- gentlGinen" in Santa Rosa and vicinity, Sonoma County, formed a plan to erect ajeollege, to be under the management of the Christian Church.
Read the full summary
Appeal from the District Court, Seventh Judicial District, County of Sonoma. A number Di- gentlGinen" in Santa Rosa and vicinity, Sonoma County, formed a plan to erect ajeollege, to be under the management of the Christian Church. The following paper was drawn up and circulated, and received the signatures affixed thereto: “ Santa Rosa, September 9, 1871. “We, the undersigned citizens of the State of California, for and in consideration of the advancement of the educational interests of this State, do hereby promise and agree to pay to the Finance Committee, to be elected hereafter by the…
1Opinion of the Court
By the Court, Crockett, J.:
There was a sufficient consideration to support the defendant’s promise. We think the correct rule is stated in Watkins v. Evans (9 Cush. 539). If “a number of subscribers promise to contribute money on the faith of the common engagement, for the accomplishment of an object of interest to all, and which cannot be accomplished save by their common performance, then it would seem that the mutual promises constitute reciprocal obligations.” (Thompson v. Page, 1 Met. 565; Ives v. Sterling, 6 Met. 310; McAuly v. Bellinger, 20 John. 89.) And that, too, though the…
2Cases cited3 opinions
- Tipton v. ChambersCourt of Appeals of Kentucky · 1859
- M'Auley v. BillengerNew York Supreme Court · 1822
- Poughkeepsie & Salt Point Plank Road Co. v. GriffinNew York Supreme Court · 1856
3Cited by11 opinions
- West v. CrawfordCalifornia Supreme Court · 1889
- London v. BruskasNew Mexico Supreme Court · 1958
- University of Southern California v. BrysonCalifornia Court of Appeal · 1929
- Higert v. Trustees of Indiana Asbury UniversityIndiana Supreme Court · 1876
- Moser v. Western Harness Racing Assn.California Court of Appeal · 1948
6 more not listed; retrieve them via the Exa API.