Legal Opinion

Evans v. Bailey

California Supreme Court

Decided November 20, 1884No. 8,481PublishedCited by 10 opinions

Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The facts sufficiently appear in the opinion of the court.

1Opinion of the Court

The Court

-1. The cause of action, as stated in the complaint, is for goods sold and delivered to the defendant, the Cal*113ifornia Fruit and Meat Shipping Company, viz: cattle to the amount of $5,253.60, with a credit of $750, and that said defendant undertook and promised to pay said sum with interest. The plaintiff was the only witness sworn on his behalf: from his testimony it appears that one hundred and thirty-three head of the cattle were delivered to said company, to be by it slaughtered, and the meat sold on commission. The proof does not correspond with the allegation; the evidence does…

2Cases cited1 opinion

  1. Miners' Ditch Co. v. ZellerbachCalifornia Supreme Court · 1869

3Cited by10 opinions

  1. Knowles v. SandercockCalifornia Supreme Court · 1895
  2. Brown v. Board of Education of City of PomonaCalifornia Supreme Court · 1894
  3. Stockton Savings Bank v. StaplesCalifornia Supreme Court · 1893
  4. Kennedy v. Cal. Sav. BankCalifornia Supreme Court · 1894
  5. Todd v. Temple Hospital Assn., Inc.California Court of Appeal · 1928

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