Legal Opinion

Wilck v. Herbert

California Court of Appeal

Decided March 5, 1947No. Civ. 15140PublishedCited by 15 opinions

1Opinion of the CourtWood, J.

In this action for damages for breach of contract, the plaintiff obtained judgment for $36,312. Trial was by jury. Plaintiff appeals from the judgment, limiting her appeal to the question of inadequacy of the amount of damages awarded. Defendant appeals from the judgment, and from the order denying his motion for judgment notwithstanding the verdict.

The amount of the award to plaintiff was a percentage of the income received, and to be received, by defendant from the first class or stage production of a play entitled “Kiss and Tell, ’ ’ which he had written. A contention of plaintiff is that,…

2Cases cited7 opinions

  1. Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
  2. Lyon v. GossCalifornia Supreme Court · 1942
  3. Long Beach Drug Co. v. United Drug Co.California Supreme Court · 1939
  4. Snook v. PageCalifornia Court of Appeal · 1915
  5. Los Angeles Traction Co. v. WilshireCalifornia Supreme Court · 1902

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3Cited by15 opinions

  1. Danby v. Osteopathic Hospital Ass'n of DelawareCourt of Chancery of Delaware · 1953
  2. Hayward Lumber & Investment Co. v. Construction Products Corp.California Court of Appeal · 1953
  3. Danby v. Osteopathic Hospital Ass'nCourt of Chancery of Delaware · 1953
  4. Atlantic Mutual Insurance Company, a Corporation v. Robert J. Cooney, Doing Business Under the Firm Name and Style of Allied Enterprises, and National Union Fire Insurance Company of Pittsburgh, Pa., a Corporation, National Union Fire Insurance Company of Pittsburgh, Pa., a Corporation v. Robert J. Cooney, Doing Business Under the Firm Name and Style of Allied Enterprises, Robert J. Cooney, Doing Business Under the Firm Name and Style of Allied Enterprises v. National Union Fire Insurance Company of Pittsburgh, Pa., a CorporationCourt of Appeals for the Ninth Circuit · 1962
  5. H. I. Stahlman, Jr., General Partner, and Wife, Mrs. J. S. Stahlman, Limited Partner, D/B/A Stahlman Lumber Company, Ltd. v. National Lead CompanyCourt of Appeals for the Fifth Circuit · 1963

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