Poirier

Poirier v. Gravel

Good Law
1891 Cal. LEXIS 647·88 Cal. 79·25 P. 962
Supreme Court of CaliforniaFebruary 16, 1891No. 13734California913 words

Opinion

Lead Opinion

Belcher, J.

The plaintiff brought this action in April, 1889, the sum of fifteen hundred dollars on a written instrument, which reads as follows:—

It is alleged in the complaint that the defendant, being the owner of an undivided one-half interest of the land described, and being indebted to the plaintiff in the sum of seventeen hundred dollars, executed and delivered to plaintiff the instrument on the day of its date, and the plaintiff then and there accepted the same; “ that since the making and delivery of said instrument by defendant to plaintiff, the said defendant has sold, disposed of, and conveyed away to other persons the said land and premises in said agreement described, and all mineral, timber, and wood products thereof, and everything that could and might be gathered and raised from the land, and said defendant is no longer the owner thereof; that said defendant has not paid the said sum of seventeen hundred dollars, save and except the sum of two hundred dollars, or thereabouts, and there is due, owing, and unpaid from defendant to plaintiff the sum of about fifteen hundred dollars.” Wherefore judgment is asked for the sum of fifteen hundred dollars and costs of suit.

The…

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