Biggerstaff v. Briggs

Citations

• 2 Cal. Unrep. 339
• 4 P. 371

Syllabus

<p>Contract—Action for Breach—Pleading.—In an action for breach of contract it is not necessary to allege as part of the contract, which was for excavating and cutting ditches by machine, that the machine should be so employed as not to injure defendant’s vines; stipulations necessary to make a contract reasonable are implied.</p> <p>Contract—Action for Breach.—Evidence of the Expense of digging a ditch in a manner materially different from the mode provided as a test of value in the contract alleged by plaintiff was irrelevant, because he was not entitled to recover anything unless the actual contract was substantially the same as that by him alleged.</p> <p>Contract—Action for Breach.—Where Plaintiff Swore to an Offer to Commence Work, he is entitled to prove facts tending to show how he was prevented from performing his contract, and for that purpose may testify to a message delivered to him by the foreman of defendant. The question of agency is for the jury.</p> <p>Contract—Action for Breach—Notice.—It is a Question for the Jury whether a notice to defendant was left at his residence with his wife, and whether it reached him.</p>