Lugiani v. Landau Economic Syphon Co.
California Court of Appeal
APPEAL from a judgment of the Superior Court of the City and County of San Francisco. Bernard J. Flood, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
This is an appeal by the defendant from a judgment in favor of the plaintiff in an action for the sum of $450, the agreed price of a certain automobile.
With respect to the appellant’s contention that the complaint contains no sufficient allegation of nonpayment, the allegation criticised is that the amount claimed has been demanded and refused, and that “the whole thereof is now due and owing from said defendant to said plaintiff.” Standing alone this perhaps is not a sufficient allegation of nonpayment (Ryan v. Holliday, 110 Cal. 337, [42 Pac. 891]), but the defendant in its-…
2Cases cited2 opinions
- Ryan v. HollidayCalifornia Supreme Court · 1895
- Schwind v. HallCalifornia Supreme Court · 1900
3Cited by6 opinions
- Zimmerman v. Continental Life InsuranceCalifornia Court of Appeal · 1929
- Webb v. JonesCalifornia Court of Appeal · 1927
- Maxwell v. JimenoCalifornia Court of Appeal · 1928
- Moody v. Pacific Surety Co.California Court of Appeal · 1919
- Southern California Music Co. v. LabesCalifornia Court of Appeal · 1930
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