Panno v. Russo
82 Cal. App. 2d 408 ·
California Court of Appeal · Filed
Published · citable
Holding
The court held that a partnership, through the actions of its deceased partner, waived its contractual right to demand full payment on a fixed date and was estopped from rescinding the contract for the buyer’s failure to pay, and further, that the buyer was a competent witness to testify against the deceased partner’s estate because the action was not a claim against the estate itself but against the partnership.
Statutes construed
- CCP § 1365
- CCP § 1585
- CCP § 379
- CIV § 1786