Bates v. Sierra Nevada Lake Water & Mining Co.
JOSEPH BATES v. SIERRA NEVADA LAKE WATER AND MINING COMPANY
- Area
- civil
- Panel
- Joseph G. Baldwin (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Baldwin
Baldwin, J. delivered the opinion of the Court Cope, J. concurring.
We think the Court did not err in striking put the parts of the answer to which objection was taken by the plaintiff. This matter seems to be rather in the nature of a tort, than matter showing a violation of contract on the part of the plaintiff. The remainder of the answer, after the expunged portion, was sufficient to let in any proper proof of a violation of the contract by inattention to or neglect of the business of the defendant.
As to the second point, we think the notice contemplated by the contract was.notice from the corporation organized and doing busiriess in this State, and not notice of instructions from the committee of 'the London agency.
Judgment affirmed.