Masten v. Griffing

Citations

• 33 Cal. 111

Syllabus

<p>Nonsuit.—A nonsuit is proper if the plaintiff's evidence does not tend to prove the cause of action set up in the complaint.</p> <p>Idem.—If the complaint states the cause of action to be an agreement of the defendant to pay the plaintiff a certain sum if the plaintiff procures a purchaser who will agree to buy defendant’s land at a price named, evidence that the plaintiff found a purchaser who agreed to buy if defendant would lease the land and pay a stipulated rent therefor for three years ensuing the conveyance, does not tend to make out the cause of action stated in the complaint, and the defendant is entitled to a nonsuit.</p> <p>Legal Effect of Evidence.—In passing on the legal effect of the plaintiff’s evidence, the examinations in chief are not to be detached from the cross examinations.</p> <p>Failure to prove Cause of Action Stated.—If the alleged cause of action is for services for having found a purchaser who agreed to buy defendant’s land at a certain price, evidence that plaintiff found a person who would agree to buy if defendant would first take a lease for three years and give security for the rent, and that defendant did not take the lease, but merely agreed to do so and give security, and that the-purchaser did not accept of such agreement, does not show that plaintiff found a purchaser who agreed to buy at any price.</p> <p>Contract in Duplicate.—If a contract is drawn up in duplicate and signed by one party, and the other takes both copies and returns them the next day without signing either, and declines to sign unless a new provision is inserted, the contract does not bind either party.</p>