McRae v. Argonaut Land & Development Co.

Citations

• 6 Cal. Unrep. 145
• 54 P. 743
• 1898 Cal. LEXIS 1059

Syllabus

<p>Appeal—Undertaking.—Where the Notice of Appeal Specifies that it is taken from the judgment, and from an order denying a new trial, and the undertaking is one on appeal from the judgment only, the appeal from the order will be dismissed.</p> <p>Agency.—Testimony That Witness Acted as Agent for another in a given transaction is competent proof of the fact.</p> <p>Evidence—Book Entry.—On an Issue Whether a Written Contract was drawn up between plaintiff and defendant, where there was the positive evidence of two witnesses that such a contract was drawn, a refusal to permit defendant to show that a book containing a record of such transactions, kept by him, did not show an entry of a certain date of the drawing of such contract, was not reversible error, it appearing that defendant did not offer to prove that the book contained no entry in regard to the contract.</p>