Grunwald v. Freese

Citations

• 4 Cal. Unrep. 182
• 34 P. 73
• 1893 Cal. LEXIS 1107

Syllabus

<p>Evidence—Quality of Hope or Wire—Opinion.—Testimony as to the quality of old wire rope sold by sample, that the outer wires were broken into short pieces; that the rope was “rotten, and a little broken, instead of being as the sample”; that much of it was “broken, rusty and rotten”—relates to facts open to common observation and not requiring expert knowledge.</p> <p>Evidence—Market Value of Goods.—Merchants and Clerks of merchants in a foreign country who deal in a certain article are competent to testify as to the market value of the article in such foreign country.</p> <p>Release of Action—Necessity of Pleading.—A Release of a Cause of action is not available unless it is specially pleaded.1</p> <p>Payment.—A Debt Contracted in a Foreign Country is payable in the currency of that country, and therefore, where the creditor sues in the United States, he is entitled to recover such sum in money of the United States as equals the debt in the foreign country when it was payable.</p>