Levitsky v. Johnson

Citations

• 35 Cal. 41

Syllabus

<p>Newly Discovered Evidence as a Ground for New Trial.—Newly discovered evidence, when cumulative merely, furnishes no ground for a new trial; at least unless it clearly appears that its production would have changed the result, and that the strictest diligence would not have enabled the moving party to procure the same at the trial.</p> <p>What Constitutes a Breach of a Covenant.—To entitle a party to recover the penalty of a bond given for the faithful performance of a covenant, in an action instituted for that purpose, it is not alone sufficient to show a technical breach of its literal terms, but upon a reasonable interpretation of the intent and meaning of the covenant, to be ascertained from all its terms, it must likewise appear that some substantial right, guarantied thereby, has been infringed, or some of its purposes defeated.</p>