Legal Opinion

Albany Peanut Co. v. Euclid Candy Co.

California Court of Appeal

Decided December 20, 1938No. Civ. 10626PublishedCited by 13 opinions

1Opinion of the Court

JONES, J., pro tem.

This action went to trial on June 19, 1935, upon the second amended complaint of the plaintiff which contained six separate causes of action. The first two of these various causes of action were directed to the appellant here, and the remaining counts to other defendants. Upon the conclusion of plaintiff’s case a nonsuit was granted as to all the causes of action except the first, and as to this cause of action the motion for a nonsuit was denied. The respondent at that time made a motion to amend its complaint to conform to the proof, which said motion was granted.

The…

2Cases cited5 opinions

  1. Seymour v. OelrichsCalifornia Supreme Court · 1909
  2. Zellner v. WassmanCalifornia Supreme Court · 1920
  3. Little v. Union Oil Co.California Court of Appeal · 1925
  4. Standing v. MoroscoCalifornia Court of Appeal · 1919
  5. Long v. LongCalifornia Supreme Court · 1912

3Cited by13 opinions

  1. Augustine v. TruccoCalifornia Court of Appeal · 1954
  2. Tiffany Incorporated v. WMK Transit Mix, Inc.Court of Appeals of Arizona · 1972
  3. Easton v. WycoffUtah Supreme Court · 1956
  4. Kroger v. BaurCalifornia Court of Appeal · 1941
  5. Goldstein v. McNeilCalifornia Court of Appeal · 1954

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