Sweetland v. Shattuck
Cases that cite this one
3 later published cases cite this decision.
- McLaughlin v. Wheeler (S.D. 1891)
- Durbin v. Hillman (Cal. Ct. App. 1920)
- Schultz v. Noble (Cal. 1888)
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
Assuming that the agreement upon which the plaintiff relied for a recovery was required to be evidenced by writing, the plaintiff was permitted in the court below to give proof of the agreement without objection that it was not in writing. Such objection cannot be made here for the first time. (Reed on the Statute of Frauds, vol. 2d, §§ 540, 541, and authorities there cited.)
The evidence upon which the verdict was based was substantially conflicting, and there were no exceptions taken in the court below to the instructions of the court.
Judgment and order affirmed.
McKinstry, J., and McKee, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.