Lightner v. Menzel

Citations

• 35 Cal. 452

Syllabus

<p>Continuance.—There is no error in refusing a continuance, under the circumstances of this case, on the ground that the applicant was informed hy his attorneys several weeks before the term that the case could not he tried at that term, and that such attorneys reside at a great distance, and are not present, and their attendance cannot be procured.'</p> <p>Idem.—It is no ground for a continuance that a material witness for the applicant is in another county in this State, where the applicant has taken no steps to procure his deposition, because he saw the witness several week’s before, and the witness promised to be present at the trial.</p> <p>Sureties on Written Contract. — The sureties of a party who covenants, in writing, to purchase meat of another party, for a fixed time at a fixed price, and pay him during the time a fixed rent for a slaughter house, and to pay him liquidated damages for failure to fulfill the contract, are liable with the principal upon all the covenants of the principal contained in the contract. The clause with regard to damages has no reference to the rent of the building and meat sold and delivered.</p> <p>Damages for Violation of Contract.—If a contract, in writing, provides that either party shall forfeit to the other five hundred dollars for a failure to comply with its terms, and that such sum shall be considered as liquidated damages, the damages are limited to five hundred dollars.</p> <p>Instructions to Jury.—The Court may modify instructions asked, and give them as modified, provided the instructions as given present the case clearly and correctly.</p> <p>Exceptions in Court Below.—Appellant cannot avail himself of error in the Court below in instructing the jury or in modifying instructions asked, unless he excepts in the Court below.</p> <p>Answer Denying a Legal Conclusion. — If the complaint avers the sale and delivery to defendant of goods and the value of the same, an answer which denies the indebtedness but does not deny