Sweetland v. Shattuck

California Supreme Court

Sweetland v. Shattuck

4 P. 885, 66 Cal. 31, 1884 Cal. LEXIS 670

CourtCalifornia Supreme Court

DecidedOctober 21, 1884

DocketNo. 7,064

StatusPublished

Cited by3 cases

This text of 4 P. 885 (Sweetland v. Shattuck) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sweetland v. Shattuck, 4 P. 885, 66 Cal. 31, 1884 Cal. LEXIS 670 (Cal. 1884).

Pincite

Opinion

Ross, J.

Assuming that the agreement upon which the plaintiff relied for a recovery was required to be evidenced by writing, the plaintiff was permitted in the court below to give proof of the agreement without objection that it was not in writing. Such objection cannot be made here for the first time. (Reed on the Statute of Frauds, vol. 2d, §§ 540, 541, and authorities there cited.)

The evidence upon which the verdict was based was substantially conflicting, and there were no exceptions taken in the court below to the instructions of the court.

Judgment and order affirmed.

McKinstry, J., and McKee, J., concurred.

Free access — add to your briefcase to read the full text and ask questions with AI