Plaintiff contract assignor appealed a judgment from the trial court (California), which sustained defendant steamboat's demurrer and rendered a judgment in defendant's favor in a breach of contract action.
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Overview
The assignee purchased a contract, which allowed it to prevent defendant from operating a steamboat in certain navigable waterways in the state. Defendant breached the contract, and the assignee pursued a breach of contract action. The trial court sustained defendant's demurrer and rendered a judgment in its favor. On appeal, the court reversed and remanded, holding that the assignee was a corporation under the laws of the state and had the right to sue; the contract was an instrument in writing for the payment of money and was made assignable by state laws; the contract was not against public policy as it was not a restraint of trade; and, the contract itself alleged the measure of damages if defendant failed to perform the contract.
Outcome
The court reversed and remanded the trial court's judgment, which sustained defendant's demurrer and rendered a judgment in defendant's favor in the breach of contract action.
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