Ellis v. Crawford

Citations

• 39 Cal. 523
• 1870 Cal. LEXIS 92

Syllabus

<p>Constructive Contract.—In an action growing out of an agreement made by letters to and from the respective parties residing at a distance from each other, it is the duty of the Court to construe those letters and determine whether they constitute a contract.</p> <p>Idem—Practice.—In such a ease it is the province of the jury to determine whether the letters were written and received by the respective parties, and the terms of the contract therein contained complied with, and of the Court to determine the construction and legal effect of such contract.</p> <p>Idem.—Third parties may show that the respective parties to the contract are interested in the subject-matter thereof in a different manner, capacity or extent than is indicated by the face of the contract, and may prove who are the real principals in the transactions to which it relates, and their respective liabilities.</p>