Procedural Posture
Plaintiff payee filed an action against defendant payor to recover money due to the payee under the provisions of a written contract. The Superior Court of Kern County (California) entered judgment for the payee, and the payor appealed.

Overview
The payor argued that the payee's complaint did not state a cause of action for moneys due under a contract because it did not allege performance of the payee's part of the agreement or excuse for nonperformance. The court held that: 1) the complaint alleged that the payor agreed to pay the money upon the execution of the partnership agreement in consideration for the payee's past services in locating mining claims; A defineLegal Separation is a court-ordered agreement in which a married couple lives separate lives, usually by living apart. 2) the evidence showed that the payee located and staked the claims on the ground and signed the location papers, which were recorded in the names of the three parties to the agreement; 3) although past consideration was generally not sufficient, evidence of the true consideration was properly admitted into evidence; 4) the actual consideration was the payee's relinquishment of his right to locate the claims for his sole benefit, his furnishing of information enabling the parties to locate the ground, and his agreement to form a partnership; 5) the partnership agreement was neither uncertain nor ambiguous; 6) the amount of damages was the amount due by the terms of the agreement; and 7) the trial court's findings were sufficiently supported by the evidence.

Outcome
The court affirmed the judgment in favor of the payee.