4 Cal. 327
Decided October 15, 1854
California Supreme Court · decided 1854-10-15
This was an action brought by the plaintiff against the defendants, on the 13th day of February, 1854, to recover the balance of $2,500 due on a written building contract under seal, entered into with them for the erection of the Placer Hotel in the City of Sonora, and for extra work and alterations, made in the plan of the work during the progress of the building.
Cited by 2 later decisions — most recently July 1918
2 state decisions
Relies on Green v. Robert Wells & Co.
Good law ✅— No negative treatment on recordhow we know
Decided 1854-10-15
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¶1
¶21. It is not denied that some of the counts in the declaration were good. The demurrer being to the whole declaration, was therefore good.
¶32. A parol agreement, varying the terms of a contract under seal, is properly enforced under the indebitatus assumpsit, when the parol agreement has been executed. (2 Cal. 584.)
¶43. The form of the execution of the contract made it the personal contract of the defendants, upon which they alone were liable.
¶5Judgment affirmed.