Palmer v. McCafferty

Citations

• 15 Cal. 334

Syllabus

<p>In ejectment, plaintiff offered to introduce in evidence an execntory contract by which S. & Co. agreed to sell to Wooster the land sued for, and when the purchase money was paid, to make a deed, W. to take possession at once, and to retain it so long as he complied with the contract. Plaintiff stated it to be t his intention to show, in connection with the contract, that the defendant claimed under Wooster. The answer averred that Wooster mortgaged the premises to defendant, who foreclosed, and went into possession under the Sheriff’s deed. Held, that the contract, with the other proof was, prima facie, relevant to the issue, plaintiff's object being to show that Wooster had forfeited his rights under the contract, and that he, plaintiff, had succeeded to the right and title of S. & Co.</p> <p>A party may introduce his proof in his own order, and is not required to exhibit the whole of it before he can introduce any particular item. It suffices if the item of proof offered tend to establish any one point involved in the issue.</p>