Gradwohl v. Harris

Citations

• 29 Cal. 150

Syllabus

<p>Suit by Assignee op a Claim.—An absolute assignment of a demand enables the assignee to sue for and recover the whole debt, even though by the assignment be acquired only a portion of the demand.</p> <p>Intervention by Part Owner op Claim Sued on.—If the owner of a claim assigns it absolutely, retaining, however, an interest in it, be may intervene to protect his interest in an action brought by the assignee to collect the same, and if he does not intervene, he is bound by the judgment.</p> <p>Evidence op Admission op Sum due on a Contract.—If a contract in writing is made by a person to repay such sums as may afterwards be advanced to the agents of a toll road company, a statement in writing, signed by him afterwards, admitting that the toll road company is indebted in a certain sum for money advanced on the contract, is admissible in evidence in an action on the contract brought against him.</p> <p>Contract to pay Money—Statute op Frauds.—A contract in writing, agreeing to pay to the party of tho second part such sums as he may afterwards advance to a foreman of a toll road company, is not a promise to pay tho debt of another, and not within the Statute of Frauds.</p> <p>Mistake in written Admission—Parol Proof of.—A written admission that a certain sum is due on a contract, signed by the party making the admission, does not estop him from showing by parol testimony that there was a mistake in the admission.</p>