McDonald v. Poole

Citations

• 113 Cal. 437
• 45 P. 702
• 1896 Cal. LEXIS 807

Syllabus

<p>Street Improvement—Written Contract—Merger op Oral Stipulations—Parol Evidence. —A written contract for a street improvement merges all oral negotiations between the contracting parties, and parol evidence is not admissible to vary the price agreed upon for the work.</p> <p>Id.—Assignment op Contract—Action by Assignee against Husband and Wipe—Counterclaim by Husband against Assignor.—In a joint action by the assignee of a contract against a husband and wife to enforce a contract entered into by them for a street improvement, the husband cannot counterclaim an individual demand against the assignor of plaintiff for commissions claimed for procuring the signature of other property owners to the contract.</p> <p>Id.—Admission op Pleading—Finding.—When the pleadings admit the assignment of the contract, no evidence or finding upon it is necessary.</p>