Turner Hardware & Implement Co. v. Justice's Court

This is an original petition for a writ of prohibition, the object of which is to prevent the respondents from proceeding with the trial of a certain action pending in respondent court and wherein one Clara C. Kise is plaintiff and the petitioner herein is defendant.

It appears that on the twenty-third day of September, 1925, said Clara C. Kise and a concern named “The O. F. Mitchell Company,” engaged in business in Springfield, Ohio, entered into a written agreement whereby said company .agreed to manufacture for and deliver to said Kise an electric sign for a hotel in the city of Redding, Shasta County, and for which said Kise agreed to pay the total sum of $102, of which amount a cash payment of $25 was to be paid on the execution of the agreement and the balance of the agreed price upon the delivery of said sign; that in the making of said agreement, the O. F. Mitchell Company was represented by its agent, one J. A. Harbert, to whom Kise delivered the cash deposit or payment of $25, as required by the writing. It is further made to appear that, under date of February, 1926, the petitioner, from the city of Modesto, Stanislaus County, its place of business, addressed the…