Kritzner v. Warner

Decided July 15, 1854

California Supreme Court · decided 1854-07-15

This was an action brought by Kritzner, the plaintiff, against the defendants, Warner & Smith, to recover the sum of $1010 44, for lumber furnished and work and labor done, in and about the erection of the Insane Asylum, at Stockton, in October and November, 1852. The defendants answered separately, denying all indebtedness to the plaintiff.

Decided 1854-07-15

Mr. J. Heydeneeldt

¶1delivered the opinion of the Court.

Mr. Oh. J. Murray concurred.

¶2The Court erred in refusing to instruct the jury, as requested by the defendants. The contract declared upon

¶3 *233was joint, and if Warner was not a party to it, he, [233] at least, could not be *liable. Nor would' the reception of money by Warner, on account of the work done, be sufficient to fix his liability. It would be, at most, a mere circumstance, which should be left to the jury, tending to show that he may have been a party to the contract, if there was any controversy on that point.

¶4Judgment reversed, and cause remanded.