Gray v. Eschen
California Supreme Court
APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. William B. Daingerfield, Judge. The complaint is in the general form of assumpsit for goods, wares, and merchandise sold and delivered. There is no evidence in the record of any sale, but plaintiffs in support of their complaint, attempted to prove the taking by defendants of certain broken rock claimed to have been the property of plaintiffs.
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APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. William B. Daingerfield, Judge. The complaint is in the general form of assumpsit for goods, wares, and merchandise sold and delivered. There is no evidence in the record of any sale, but plaintiffs in support of their complaint, attempted to prove the taking by defendants of certain broken rock claimed to have been the property of plaintiffs. On February 23, 1895, defendants paid to one John Kelso one hundred dollars for which a receipt was given as follows: “To waste…
1Opinion of the Court
COOPER,C.
Action to recover fifteen hundred and eighty dollars for goods, wares, and merchandise alleged to have been sold and delivered by plaintiffs to defendants. Verdict and judgment for defendants. Motion for new trial and order denying the same. This appeal is from the judgment and order.
The plaintiff's counsel in the bill of exceptions and statement specifies six errors of law occurring at the trial by reason of the court giving certain instructions to the jury, but in his brief argues only four, and we will examine only those urged in the brief.. The first instruction complained of…
2Cases cited2 opinions
- Bernstein v. DownsCalifornia Supreme Court · 1896
- Cockrill v. HallCalifornia Supreme Court · 1888
3Cited by19 opinions
- Deevy v. TassiCalifornia Supreme Court · 1942
- Fawkes v. ReynoldsCalifornia Supreme Court · 1922
- Fleming v. FlickCalifornia Court of Appeal · 1934
- Hayes v. EmersonCalifornia Court of Appeal · 1930
- Knight v. GosselinCalifornia Court of Appeal · 1932
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