Mattingly v. Roach

Citations

• 84 Cal. 207
• 23 P. 1117
• 1890 Cal. LEXIS 789

Syllabus

<p>Action- on Special Contract — Misleading Instruction as to Amount of Recovery — Conflicting Evidence—-Impeachment of Plaintiff.— In an action to recover money on a special contract, if the plaintiff’s evidence tends to show him entitled to recover the amount sued for, and the defendant, for the purpose of impeaching plaintiff's testimony, offers counter-evidence as to plaintiff’s admissions, tending to show him entitled to a less sum under the contract, an instruction that the jury are limited to the amount sued for, and that their verdict must be for the whole of that amount or for no sum at all, is misleading, and prejudicially erroneous.</p> <p>Id.—Agency — Commissions for Sale — Finding Purchaser — Refusal of Principal — Instructions.—In an action by an agent to recover commissions for the sale of mining stocks, under a written contract entitling him to receive all sums for which the stocks might be sold in excess of a certain amount, within a specified time, if the evidence adduced on his part tends to show that during the existence of the contract he did find purchasers who were ready, willing, and able to take the stocks, and pay therefor a sum in excess of that amount, and that the principal, when informed thereof, refused to transfer or sell the stock, it is sufficient to entitle him to have the case submitted to the jury for its determination of the facts, and to hare proper instructions given respecting the amount which he is entitled to recover.</p> <p>Id.—Repudiation of Contract by Principal — Tender by Agent. — When the principal repudiates a contract with his agent in respect to the sale of mining stocks, it is not necessary for the agent to take any further steps toward sending or tendering the money to him, in order to entitle him to sue for his commissions.</p> <p>Sale of Personal Property — Place of Delivery. —Personal property is deliverable at the place where it is at the time of sale or agreement to sell, unless the seller has agreed to deli