The Cal. Steam Navigation Co. v. Wright

Citations

• 6 Cal. 258
• 1856 Cal. LEXIS 120

Syllabus

<p>The allegation that plaintiff is a corporation under the laws of the State, is sufficient to establish the legal capacity to sue.</p> <p>A contract not to run boats on a certain line of travel, and on failure to comply with such contract, to pay $15,000, is an instrument in writing for the payment of money, and assignable by our laws.</p> <p>Such a contract is not void, as being against public policy and in restraint of trade, where a consideration is paid therefor.</p> <p>In these cases the doctrine seems to be that there must not only be a consideration for the contract, but there must be some good reason for entering into it; and it must impose no restraint upon one party, which is not beneficial to the other.</p> <p>Such a contract gives no monopoly, giving an exclusive enjoyment of the business only as against a single individual, while all the world besides is left at full liberty to| enter upon the same enterprise.</p> <p>Where the sum of $15,000 was paid by the plaintiff as the consideration for such a contract, and the same amount was agreed by the defendant to be paid by him on failure to comply with its conditions; Held, that the sum thus agreed to be paid was intended by the parties as liquidated damages.</p> <p>The allegation that the plaintiff had fully performed, on his part, all conditions of the contract, is an allegation of performance sufficiently explicit under section 60 of the Practice Act.</p>