Goldsmith v. Sawyer

Citations

• 46 Cal. 209
• 1873 Cal. LEXIS 160

Syllabus

<p>Objection That an Account is0 Unintelligible. — If an account on which the plaintiff seeks to recover is attached to and made a part of the complaint, an objection that it is unintelligible cannot' be raised unless taken by demurrer.</p> <p>Pleading Rules or Customs.—If a Board of Brokers have rules which are not rules or usages of trade and commerce that would be recognized without their adoption by the Board, the Court will not take judicial notice of them unless they are pleaded.</p> <p>Contract Made With Reference to Rules or Customs. — When a contract is entered into with Reference to rules of a Board of Brokers not rules or usages of trade and commerce, such rules become in effect special terms of the contract, and must be pleaded by the party who claims that he has performed the contract in accordance with them, or that the other party has failed to comply with them.</p> <p>Interest.—A party cannot recover interest at a conventional rate unless there is an agreement in writing fixing the rate.</p> <p>Judgment in Gold Coin.—A party is not entitled to a judgment in gold coin unless it is averred in the complaint that there was a contract in writing, or that it was understood and agreed by the parties that payment should be made in that kind of coin.</p>