Chew Farng v. Keefer

Citations

• 103 Cal. 46
• 36 P. 1032
• 1894 Cal. LEXIS 717

Syllabus

<p>Contract to Pay bob Labor Furnished—Pleading—Evidence—Written Instrument—Verbal Agreement.—A complaint which alleges that “an agreement was entered into between the plaintiff and the defendants,” whereby the latter agreed to pay the former the price of labor furnished to the latter, cannot be said to count upon a written contract alone, and evidence of a verbal contract between the parties is admissible in support of the allegation, and the fact that a written agreement is proved does not preclude evidence of a verbal promise to pay for the labor furnished.</p> <p>Id.—Evidence—Rescinded Instrument.—A rescinded instrument in writing between the plaintiff and another party may be offered in evidence as explanatory of his agreement with the defendant.</p>