Legal Opinion

Nelson v. Spence

California Court of Appeal

Decided July 7, 1960No. Civ. 24270PublishedCited by 15 opinions

1Opinion of the Court

KINCAID, J. pro tem. *

The plaintiff brought this action to recover damages for alleged breaches of warranty on a contract between plaintiff as buyer and defendants as sellers, dated August 24, 1956, the pertinent portions of which are set forth in the footnote. 1 The defendants counterclaimed for the purchase price on the contract. The court awarded the plaintiff damages of $3,053.37 for breach of warranty of covenant not to compete and awarded the defendants judgment on their counterclaim in the amount of $3,117.44, together with interest and costs. The parties have not challenged either of…

2Cases cited11 opinions

  1. Lineman v. SchmidCalifornia Supreme Court · 1948
  2. Alder v. DrudisCalifornia Supreme Court · 1947
  3. Fairchild-Gilmore-Wilton Co. v. Southern Refining Co.California Supreme Court · 1910
  4. Gerstein v. SmirlCalifornia Court of Appeal · 1945
  5. Wheeler v. OppenheimerCalifornia Court of Appeal · 1956

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3Cited by15 opinions

  1. Rutherford Holdings, LLC v. Plaza Del ReyCalifornia Court of Appeal · 2014
  2. Leaf v. Phil Rauch, Inc.California Court of Appeal · 1975
  3. McDonald v. Stockton Metropolitan Transit DistrictCalifornia Court of Appeal · 1973
  4. B. C. Richter Contracting Co. v. Continental Casualty Co.California Court of Appeal · 1964
  5. Integrated, Inc. v. Alec Fergusson Electrical ContractorCalifornia Court of Appeal · 1967

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