Legal Opinion

Tustin Packing Co. v. Pacific Coast Fruit Auction Co.

California Court of Appeal

Decided February 20, 1913No. Civ. No. 1241PublishedCited by 7 opinions

APPEAL from a judgment of the Superior Court of Los Angeles County and from an order denying a new trial. A. J. Buckles, Judge presiding. The facts are stated in the opinion of the court.

1Opinion of the Court

Action in assumpsit, it being alleged that defendant became indebted to plaintiff in the sum of $417.87 for money had and received to the use and benfit of plaintiff. This allegation except to the extent of $122.97, which defendant admitted, having received for plaintiff's use, was denied by the answer, it being affirmatively alleged therein that defendant had, prior to the commencement of the suit, tendered the same to plaintiff and at all times since the making of such tender had been ready, able, and willing to pay the same. No evidence whatever was offered by plaintiff in support of the…

2Cases cited5 opinions

  1. Banta v. SillerCalifornia Supreme Court · 1898
  2. McDonald v. S. Cal. Ry.California Supreme Court · 1894
  3. Russ Lumber & Mill Co. v. RoggenkampCalifornia Supreme Court · 1894
  4. Light v. StevensCalifornia Court of Appeal · 1908
  5. The Snipsic Co. v. SmithCalifornia Court of Appeal · 1907

3Cited by7 opinions

  1. Davis v. Minnesota Baptist Convention of MinneapolisWyoming Supreme Court · 1932
  2. Calexico Lumber Co. v. EmersonCalifornia Court of Appeal · 1921
  3. Globe Grain & Milling Co. v. DrenthCalifornia Court of Appeal · 1919
  4. Estate of EdwardsCalifornia Court of Appeal · 1959
  5. Southern Glass Co. v. Beverly Dairies, Ltd.California Court of Appeal · 1935

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