Kutz v. Fleisher
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. Action to recover a balance due for money paid, laid out, and expended by the plaintiff for the use of the defendant, in pursuance of a contract whereby the plaintiff agreed to purchase and sell stock for the defendant) advance the purchase price, and pay the assessments thereon. .The further facts are stated in the opinion of the court.
1Opinion of the CourtThornton, J.
We find no error in this record. It was not a case of a sale of personal property by a vendor to a vendee, but of a broker (plaintiff) purchasing and selling stocks for account of another (defendant), advancing money for the purpose, and paying assessments on the stocks purchased. The whole transaction was had under an agreement entered into in advance of the purchases being made. It was no part of the terms of the agreement that it was not to be performed within one year from the making thereof. On the foregoing facts, it follows that section 26 of article iv. of the Constitution; section…
2Cited by11 opinions
- Sunset-Sternau Food Co. v. BonziCalifornia Supreme Court · 1964
- Mayborne v. Citizens Trust & Savings BankCalifornia Court of Appeal · 1920
- Lloyd v. KleefischCalifornia Court of Appeal · 1941
- Wiger v. CarrWisconsin Supreme Court · 1907
- Kullman v. SimmensCalifornia Supreme Court · 1894
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