Lasar v. Johnson

Citations

• 125 Cal. 549
• 58 P. 161
• 1899 Cal. LEXIS 899

Syllabus

<p>Subscription for Entertainment of Delegates—Oonsideration— Obligations Incurred at Subscribers’ Request.—Under a subscription to a fund to be paid to a committee of a Parlor of Native Sons toward the expense of entertaining delegates to a meeting of the Grand Parlor, the request of subscribers, upon demand of payment, that the committee should regard their subscription as cash, and proceed with their arrangements, and the action of the committee in incurring obligations on the faith of the request, was a sufficient consideration to fix the liability of the subscribers.</p> <p>Id.—Time of Request.—It is not necessary that such request should be made at the time of the subscription.</p> <p>Id. — Subscription by Hotelkeepers — Contract — Compliance with Conditions.—A subscription by hotel-keepers under an agreement with the committee that either a ball or a banquet should be given to the delegates at their hotel, and, in case neither was given, the subscription should be reduced one-half, is converted by such agreement into a contract, and the giving of a ball thereat in compliance with the condition of the agreement is a good consideration for the promise to pay the full amount of the subscription; and no question can be raised as to any reduction of the liability.</p> <p>Id.—Subscription for “Entertainment” of Delegates—Construction.—A subscription for the entertainment of a large number of strangers coming as delegates to the meeting of an organized body is not to be construed as limiting the entertainment to board or to the ordinary necessaries of life, and all reasonable expenditures made and liabilities incurred in connection with the entertainment of such a body, including the expenses of a ball and banquet given for their enjoyment, are fairly within the meaning and intent of the subscription.</p> <p>Id.—Action by Members oe Committee—Parties—Trustees oe Express Trust—Pleading—Defective Title to ■ Complaint.—In an action upon a subscription payable “to the s