California Supreme Court, 1859

De Witt v. Porter

De Witt v. Porter
California Supreme Court · Decided July 1, 1859 · Terry
13 Cal. 171
De Witt v. Porter

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Terry, C. J. delivered the opinion of the Court

Baldwin, J. concurring.

*172The complaint in this cause sufficiently states a cause of action for money ascertained to he due, upon a statement of accounts, which, it is averred, defendant promised to pay. The demurrer was properly overruled.

It clearly appears, from the record, that the appeal is without merit. The judgment is, therefore, affirmed, with fifteen per cent, damages and costs.

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