Brady v. Wilcoxson

Citations

• 44 Cal. 239
• 1872 Cal. LEXIS 189

Syllabus

<p>Contract Fixing Two Compensations por Work Done.—Where a contract for keeping and feeding cattle provided two separate compensations for the labor and expense of the party keeping and feeding them, and there was nothing in the contract to show that either was to be received in lieu of the other: Held, that the compensations are cumulative and the party keeping is entitled to both.</p> <p>Idem.—When, in such contract, the owners of the cattle reserved the right to sell the same at any time and upon their own terms, and if sold away from the place of keeping the parties keeping were to pay two thirds of the expense of driving and sale, and the net weight of the cattle was agreed upon at the date of the contract, and the compensations for keeping and feeding were eight cents per pound on the net increase in the weight at the - time of sale, and two thirds of the increase in the price the cattle should be sold for over eight cents per pound on the agreed net weight at the date of the contract: Held, that the weight and price of the cattle driven away and sold were to be estimated at the place of sale, and not at the place of keeping, and that a provision in said contract that the cattle when sold or delivered were to be weighed out at the corral of the party keeping, applied only to such of the cattle as might be there sold.</p> <p>Interest on Unliquidated Demand.—When a claim is uncertain and unliquidated, and the amount due cannot be estimated on the face of the contract, interest on the amount found due by process of law must not be allowed.</p>