Hodson v. Varney

Citations

• 122 Cal. 619
• 55 P. 413
• 1898 Cal. LEXIS 643

Syllabus

<p>Sale of Photograph Gallery—Written Contract—Parol Evidence.— Under a written contract of sale of a photographic business, and all the materials and working apparatus, and property of every description contained in the vendor’s art gallery, parol evidence is inadmissible to show that any materials, lens, cameras, or negatives therein contained were reserved from the sale.</p> <p>Id.—Extent of Gallery—Materials in Booms—Question of Fact.— Where only the property situated in a named art gallery was sold by the terms of the written contract, it is a question of fact whether particular rooms on the same floor of the building containing other materials and articles of personal property belonging to the vendor were or were not part of the gallery, and, if not, the property situated therein did not pass by the sale, but the title thereto remained in the vendor of the gallery.</p>