gno.law

Barber v. Burrows

California Supreme Court · No. 4447 · 1876-07-01 · Published · 51 Cal. 404 · 1876 Cal. LEXIS 61

M. BARBER v. JONATHAN BURROWS, JOSEPH BAUQUIER and WILLIAM GWYNN

Area
civil

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

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.

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