Crosby v. McDermitt

Citations

• 7 Cal. 146

Syllabus

<p>The law does not tolerate the payment of more than legal interest except by express agreement in writing.</p> <p>Where the plaintiffs and defendants entered into a partnership, by the terms of which the plaintiffs were to advance a certain sum of money and materials for a saw-mill, which they did, and the defendants removed the materials furnished by plaintiff's, and appropriated the same, including the money, to their own use: Held, that the plaintiffs had a right to sue therefor at law, and for damages caused by defendant's violation of the partnership contract.</p> <p>The acts of the defendant dissolved the copartnership. Even if this did not, the plaintiff would still be entitled to recover under the peculiar circumstances of the case.</p> <p>Where the facts stated in the complaint are proved on the trial, and found to constitute a good cause of action, the plaintiff is entitled to judgment thereupon.</p>