Kelly v. Frisbie
JOHN KELLY v. JOHN B. FRISBIE
- Area
- civil
- Panel
- Sawyer (author), Richard W. Rhodes, Silas S. Sanderson, Brian S. Currey
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 — Sawyer
SAWYER, J.
The agreement of October 1, 1860, does not include the three thousand dollar note of Vallejo, dated October 1, 1859. The second agreement of Frisbie of October 1, 1861, indorsed upon, and extending the time for, the performance of the said agreement of October 1, 1861, is, by its terms, limited to that agreement. Parol evidence would be inadmissible to show that it included the note. The complaint, therefore, does not state a cause of action, and the demurrer was properly sustained.
Judgment affirmed.
We concur: Rhodes, J.; Currey, C. J.; Sanderson, J.