Legal Opinion
Hagen v. Sherman
California Court of Appeal
Decided December 18, 1956No. Civ. No. 16989PublishedCited by 2 opinions
1Opinion of the CourtBray, J.
Three questions are raised by this appeal by defendant from a judgment in favor of plaintiff in the sum of $2,500.1 They are: (1) Was the contract rescinded by mutual consent? (2) Was it rescinded by defendant for unilateral mistake ? (3) Does the evidence support the award of damages?
Evidence.2
Defendant owned a war surplus crane. In early November, 1953, plaintiff saw it in defendant’s yard. There were some negotiations then between the parties concerning its purchase without a bucket by plaintiff. He testified that he had agreed to buy it for $800 or $900 but that when he went to arrange…
2Cases cited10 opinions
- M. F. Kemper Construction Co. v. City of Los AngelesCalifornia Supreme Court · 1951
- Spring Valley Water Works v. DrinkhouseCalifornia Supreme Court · 1891
- People v. NewsonCalifornia Supreme Court · 1951
- Ross v. Frank W. Dunne Co.California Court of Appeal · 1953
- McCreary v. Mercury Lumber DistributorsCalifornia Court of Appeal · 1954
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Harriman v. TetikCalifornia Supreme Court · 1961
- Holt v. RavaniCalifornia Court of Appeal · 1963