Meyer v. Kohn

Citations

• 29 Cal. 278

Syllabus

<p>Partnership Contract to Pay in Gold.—One member of a partnership may bind the firm, by a contract in writing signed with the firm name, to pay a debt of the firm in a specific kind of money.</p> <p>Enforcement of Payment in Gold for Goods Bought.—A debt for goods purchased by a firm, with a verbal understanding that it is to be paid in gold coin, may be enforced'in gold coin, if, after the debt has accrued and suit has been commenced on it, one of the firm makes a contract in writing in the firm name, dated before the sale, to pay in gold, provided the complaint avers a contract to 13ay in gold made before the goods were sold.</p> <p>Judgment Payable in Gold Coin.—If the complaint aver a contract in writing by defendant* to pay for goods sold in gold coin, made before the sale, and such contract is made after suit commenced, but dated before the sale, judgment should be rendered payable in gold coin.</p>