Ginocchio v. Amador Canal & Mining Co.

Citations

• 67 Cal. 493
• 8 P. 29
• 1885 Cal. LEXIS 682

Syllabus

<p>Assignment—Thing in Action—Security—Power of Assignee to Sue.—If a contract is transferred by an assignment absolute in form, though as security only for a debt less in amount than the sum due or to become due upon the instrument assigned, the assignee is not limited in an action upon the contract to recover the sum due him from the assignor, but may recover the whole amount due thereon, being in turn responsible to his assignor for any excess.</p> <p>Id.—Water Right.—The defendant and the plaintiff’s assignor, a mining company, entered into a contract under which the former agreed to furnish water to the latter for the purpose of working a quartz mill and mine, through a ditch to be constructed by the mining company. The latter was to bo repaid the expense of building the ditch m water, and in case it abandoned the working of the mill and mine before the payment was complete, then it was to be paid out of the net proceeds of water run through and sold from the ditch. The company completed the ditch and delivered it to the defendant, but before it was repaid the expense of building, abandoned its mining operations. Held, that the ditch and water supply were not appurtenant to the mill or mine, and that the rights of the mining company under the contract might be assigned independently of the mill and mining property.</p>