gno.law

Cereghino v. Hammer

California Supreme Court · No. 7,037 · 1882-03-20 · Published · 60 Cal. 235 · 1882 Cal. LEXIS 433

G. CEREGHINO v. F. H. HAMMER

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

The Court :

The parties evidently had in contemplation the net proceeds. It will not be presumed that the guarantor assumed an obligation beyond the amount which should be by him received from the crop, clear of incidental expenses. It was for plaintiff to establish that the condition had happened which made defendant liable—that there were proceeds.

Judgment and order affirmed.

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