Donohoe v. Mariposa Land & Mining Co.

Citations

• 66 Cal. 317
• 5 P. 495
• 1885 Cal. LEXIS 423

Syllabus

<p>New Trial—Insufficiency of Evidence—Findings.—When the notice of motion for a new trial designates, as a ground of the motion, the insufficiency of the evidence to justify the decision, the statement must specify the particulars in which such evidence is alleged to be insufficient. If no such specifications are made, the statement must be disregarded. The decision includes the facts found.</p> <p>Corporation—Compromise of Litigation—Power of Directors—Fraud.— The directors of a corporation, acting bona fide and in the exercise of their best judgment, have authority to bind thei stockholders by a settlement of a pending action, although it may subsequently appear that they failed to secure the best terms to which the corporation might have been entitled. If they have full knowledge of the circumstances on which the adverse claim is based, no fraud is practiced on them. And unless they have colluded with an adverse claimant to practice a fraud upon those whom they represent, it cannot be said that they are guilty of a fraud on the grantee of thei corporation, who has agreed to assume its debts, by representing a claim arising out of the settlement or compromise to be a valid claim.</p> <p>Findings—Conflict of Evidence.—In equity, as in other cases, findings of fact will not be disturbed when the evidence is conflicting.</p> <p>Purchase of Beal Estatf,—Oral Contract for—Trust.—An oral contract for the purchase of real estate to be held in trust is invalid under the statute of 1858, p. 266, § 6.</p> <p>Evidence to Explain Writing.—Where the terms of a writing are unambiguous, a witness cannot testify to his understanding of its meaning.</p>