Garau

Garau v. Marchetti

Good Law
1919 Cal. App. LEXIS 445·44 Cal. App. 263·186 P. 193
Court of Appeal of CaliforniaNovember 12, 1919Civ. No. 2458.California1,124 words

Opinion

lead Opinion

Conrey, J.

On the twenty-eighth day of November, 1914, the National Grand Opera Company, a corporation, was preparing to commence the production and presentation of operatic performances in various places on the Pacific coast. On that day a contract was entered into between the corporation, as party of the first part, and A. Garau, as party of the second part, and Carlo Marehetti, as party of the third part, which provided for certain moneys to be advanced by Garau and Marehetti to cover the preliminary expenses of the presentation of such performances. Provision was made in the contract for the manner of repayment of such moneys to be advanced. On the fifth day of March, 1915, a supplemental contract was entered into between the same parties, referring to the fact that the party of the second part subsequent to November 28, 1914, had advanced to the party of the first part a certain sum of two thousand dollars, and further provided as follows: “Now therefore, in consideration of the assuming by said party of the third part of the repayment to the said party of the second part of one-half (%) of said sum of two thousand ($2000) dollars with legal interest in the event that the money from the…

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