Ferguson v. McBean

Citations

• 4 Cal. Unrep. 429
• 35 P. 559

Syllabus

<p>Pleading—Allegation of Nonpayment.—A complaint alleging that plaintiff demanded payment of a specified sum, that defendant refused payment, and that the sum is due and unpaid, sufficiently alleges nonpayment of the sum alleged to be due.</p> <p>Appeal.—Where the Evidence is Conflicting, the Verdict should not be disturbed.</p> <p>Assignment of Contract to Purchase Land—Evidence.—Plaintiff, having made a contract to purchase land from C., assigned it to defendant, who agreed to pay plaintiff a certain sum if he purchased the land from C. Held, in an action to recover such sum, that it was competent to show the circumstances attending the making of the contract of assignment, it being disputed whether C.’s sale of the land to defendant’s stepson was under the contract between C. and plaintiff, and the relations between defendant and his stepson in regard to the entire transaction being a material issue raised by the pleadings.</p> <p>Assignment of Contract to Purchase Land—Evidence.—It was proper to deny defendant’s motion to strike out plaintiff’s evidence as to conversations with a third person, not in the presence of defendant, and to retain such evidence till plaintiff’s evidence was in, as other evidence might show that such third person was authorized to represent defendant.</p> <p>Assignment of Contract to Purchase Land.—Evidence that a third person agreed to pay plaintiff a part of the sum sued for was properly excluded, since defendant could not be relieved from his written obligation by such person’s agreement to pay it, unless plaintiff released him.</p> <p>Assignment of Contract to Purchase Land.—Evidence that defendant’s stepson told another person that he was representing defendant, and was ready to consummate the trade, was competent to show that the purchase was made under the contract assigned to defendant.</p> <p>Assignment of Contract to Purchase Land.—It was Also Competent to corroborate defendant’s statement, after the sale, that he had purchas