Reports of Cases Determined in the Supreme Court of the State of California (Volume 142) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1904 Excerpt: ... tained a provision that the ordinance should specify the number of bonds to be issued. This cumbersome and unnecessary provision was eliminated from the Municipal Bond Act under which these bonds were issued. Of course, the money derived from the sale of the bonds will be by the treasurer of the town placed in the municipal treasury to the credit of the proper improvement funds under section 6 of the act here under consideration. Let a peremptory writ of mandate issue as prayed for. Shaw, J., Angellotti, J., McFarland, J., Van Dyke, J., and Lorigan, J., concurred. L. A. No. 1104. In Bank.--AprU 4, 1904. W. A. WASHER, Respondent, v. INDEPENDENT MINING AND DEVELOPMENT COMPANY, Defendant and Appellant. Contract With Owners of Mines--Reimbursement or Advances Upon Sale--Purchase By Corporation--Assumption of Advances--AcTion By Third Person.--Where the owners of mines agreed with a third person that he should advance money for development thereof in consideration of an interest in the mines, and an agreement that all advances made by the owners and by such third person should be repaid in case of sale; and a corporation purchased the mines from such owners expressly subject to the contract which was recorded, and expressly agreed by resolution before purchase to assume the repayment of such advances, such assumption must be deemed part of the purchase money, and the third person, who made advances under the contract, may sue the corporation to recover the amount thereof. Shaw, J., and Angellotti, J., dissenting. Id.--Vendors May Dispose of Purchase Money.--The vendors had the right to dispose of the purchase money, and to order how it should be paid; and they had the right to require the purchaser to assume and pay the advances which they had agreed should be r...