Legal Opinion

Overstreet v. Merritt

California Supreme Court

Decided July 26, 1921No. Sac. No. 2766. Sac. No. 2875PublishedCited by 26 opinions

The facts are stated in the opinion of the court. Farnsworth & McClure and Frank Freeman for Appellant in No. 2765 and for Respondent in No. 2875. C. W. Pendleton, Howard S. Lewis and Anderson & Anderson for Respondent in No. 2765 and for Appellant in No. 2875.

1Opinion of the CourtSloane, J.

Both parties appeal from the judgment in this action. The main point in controversy is the measure of damages, neither party being satisfied with the judgment of the trial court in this particular.

The action is one to recover damages for failure and refusal of defendant to carry ■ out the terms of a contract for a business association between the parties.

The findings cover the history of the transaction as determined by the trial court under the pleadings and evidence, as follows:

That for many years prior to about August, 1913, plaintiff was engaged in the business of buying and selling…

2Cases cited15 opinions

  1. Virginia v. RivesSupreme Court of the United States · 1880
  2. United States v. BehanSupreme Court of the United States · 1884
  3. Griffin v. . ColverNew York Court of Appeals · 1858
  4. Howard v. . DalyNew York Court of Appeals · 1875
  5. Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869

10 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Buxbom v. SmithCalifornia Supreme Court · 1944
  2. Grupe v. GlickCalifornia Supreme Court · 1945
  3. Elsbach v. MulliganCalifornia Court of Appeal · 1943
  4. Nester v. Western Union Telegraph Co.District Court, S.D. California · 1938
  5. Westervelt v. McCulloughCalifornia Court of Appeal · 1924

21 more not listed; retrieve them via the Exa API.

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