Voorman v. Voight

Citations

• 46 Cal. 392

Syllabus

<p>Objection to Testimony.—If an action is brought, on a contract the performance of which was guaranteed, and the contracting party and guarantor are joint defendants, and testimony is offered which is relevant as to the contractor, but not admissible as against the guarantor, a general objection to the testimony is insufficient, but the objection must point out why the testimony ought not to be received.</p> <p>Evidence in Action on Contract. — In an action on a contract to deliver spirits in good packages, where the only issue made is, whether the packages were good, the plaintiff, being the party to deliver the spirits, may prove that the defendant assigned other reasons than the defect in tlio packages for not paying for the spirits, and that he did not offer to return the packages.</p> <p>Compliance with Contract. — In action upon a contract to deliver spirits in good packages, where the only issue is, whether the packages were good, an instruction to the jury that if the plaintiff had substantially complied with the contract he was entitled to a verdict, but that if the packages containing the spirits were not good, it was not such a substantial compliance with the contract as to entitle the plaintiff to recover, is not erroneous.</p>