Fairbanks v. Dawson

Citations

• 9 Cal. 89

Syllabus

<p>A part payment made before a contract has expired by limitation, is insufficient to take the case out of the statute.</p> <p>The object of the statute was to substitute a written contract for that which might be implied from admissions, and to avoid the mischief arising from parol testimony to prove either an express promise, or facts from which a promise would follow as a legal and logical result.</p>