Stephens
Power & Irrigation Co. of Clear Lake v. Stephens
Opinion
lead Opinion
Ross, J.
The appellant is a corporation of the state of Arizona, both of the appellees being citizens of California. The court below dismissed the suit for want of jurisdiction upon the ground that it was based on a chose in action, and that inasmuch as the corporation under which the appellant claims could not bring it in the federal court, the appellant could not.-
*643 The bill shows that in 1906 Mary B. Collier and William B. Collier, her husband, agreed in writing to sell certain lands in Lake county, Cal., upon certain specified terms and conditions, to one Shuman. The next year Shuman assigned the contract and all his rights thereunder to the California Industrial Company, a corporation of that state. On the same day the Colliers entered into an agreement with the California Industrial Company, which was supplemental to their previous agreement with Shuman. Thereafter, and prior to' the time fixed by the contracts for the making of the last payment due thereunder, the Industrial Company assigned the contracts, and all its rights thereunder, to another California corporation called Central Counties Land Company, and when the last payment, amounting to $7,000. became due, the latter…