California Supreme Court, 1876

Barber v. Burrows

Barber v. Burrows
California Supreme Court · Decided July 1, 1876
51 Cal. 404; 1876 Cal. LEXIS 61
Barber v. Burrows

Cases that cite this one

13 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

By the Court:

The instrument of September 2, 1872, was never completely executed. It is evident upon an inspection of the writing itself that it was intended to be signed by all the parties to the contract upon which it was indorsed. These parties were the two principals in the contract and the two sureties upon the bond attached to and forming a part of the contract. It was signed by but three of these persons.

As the contract for the extension of time was not complete, it was not obligatory.

Judgment and order denying a now trial affirmed. Remittitur forthwith.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.