Flood v. Petry
California Supreme Court
APPEAL from an order of the Superior Court of the City and County of San Francisco granting a new trial. J. M. Seawell, Judge. The facts' are stated in the opinion of the court.
1Opinion of the CourtMelvin, J.
This is an appeal by the defendant from an order granting a motion for a new trial. The action was one for the cancellation of a certain promissory note. There were two counts in the complaint, one alleging want of consideration-and the other averring failure of consideration.
The plaintiff Philip H. Flood entered into a contract with one Joseph Petry by the terms of which the latter was to erect a building on land belonging to plaintiff for the sum of twenty-two thousand five hundred dollars. There were to be seven progress payments, according to the terms of the contract, six in cash, but…
2Cases cited17 opinions
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