Leibbrandt v. Sorg

Citations

• 6 Cal. Unrep. 687
• 65 P. 318
• 1901 Cal. LEXIS 1245

Syllabus

<p>Breach of Marriage Promise—Evidence.—Code of Civil Procedure, section 1845, provides that a witness can testify to those facts only which he knows of his own knowledge. Held, that, in an action for breach of marriage promise, the admission of plaintiff’s declarations to third parties, who were not invited to attend the wedding, and before any wedding day had been set, that plaintiff and defendant intended to marry, constituted prejudicial error.</p> <p>Breach of Marriage Promise.—The Fact That There was Competent Evidence to prove a contract of marriage in an action for breach of promise did not render the admission of declarations of plaintiff to third- parties that plaintiff and defendant intended to marry harmless, where the court stated in the presence of the jury that such evidence was competent.</p> <p>Breach of Marriage Promise—Damages.—Where, in an Action for Breach of promise, the court charged that, if plaintiff and defendant entered into an agreement to marry, plaintiff was entitled to damages if defendant wrongfully violated the agreement, a further charge that the shock and injury to plaintiff’s affections occasioned by defendant “having violated his promise” was a proper element of damages was not misleading.</p>