Opinion

Drovers National Bank v. Browne

  • 88 Cal. App. 716
  • 264 P. 265
  • 1928 Cal. App. LEXIS 286
Court
California Court of Appeal
Filed
Jan 30, 1928
Status
Published
On the bench
Wood
Cited by
8 cases

The opinion

THE COURT.

The petition for hearing herein is denied. In denying such petition we withhold our approval from that portion of the opinion of the district court of appeal ■as follows:

“It has been held in most jurisdictions, among them California, that a general averment that the contract sued on was executed without consideration ‘is but an allegation of a conclusion of law.’ ”

As to that question we express no opinion. We agree with the district court of appeal, however, that under the facts as shown and found in this case the eleventh finding of the trial court may be disregarded as being a conclusion of law. The court found the facts surrounding the execution of the written guaranty of November 9, 1921, by the *724 appellant. Whether these facts were sufficient to show a consideration for said written guaranty was purely a question of law.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.