Auburn Opera House & Pavilion Ass'n v. Hill
AUBURN OPERA HOUSE AND PAVILION ASSOCIATION v. HILL
- 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
PER CURIAM.
1. Under defendant’s contract of subscription for the stocks of plaintiff, as contained in the prospectus signed by defendant, and upon the facts alleged in the complaint as to plaintiff’s calls or demands for the amount agreed to be paid for such subscribed stock, the plaintiff is entitled to maintain this action: Marysville Electric Light Co. v. Johnson, 93 Cal. 546, 27 Am. St. Rep. 215, 29 Pac. 126; California Southern Hotel Co. v. Callender, 94 Cal. 120, 28 Am. St. Rep. 99, 29 Pac. 859.
2. It was not a condition precedent to defendant’s liability that $20,000 of plaintiff’s stock should be first subscribed for; but, were it otherwise, the defendant has waived the objection which he now makes upon this ground: Hotel Co. v. Callender, supra. Indeed, the acts of defendant constituting such waiver are stronger than those held to have that effect in the case cited. Judgment and order reversed.
Cites, in this corpus
- California Southern Hotel Co. v. Callender No. 14432 · 1892-03-28
- Marysville Electric Light & Power Co. v. Johnson No. 14478 · 1892-03-08
Cited by
- Hamilton v. Bell Sac. No. 432 · 1898-12-20
- Auburn Opera House & Pavilion Ass'n v. Hill Sac. No. 110 · 1896-07-22