Legal Opinion

Castle v. Acme Ice Cream Co.

California Court of Appeal

Decided October 3, 1929No. Docket No. 3821PublishedCited by 22 opinions

1Opinion of the Court

THOMPSON (R. L.), J.

This is a rehearing of an appeal from a judgment in an action for damages for the breach of a contract and for partial failure of the consideration therefor.

The plaintiffs were the owners of an ice-cream business in Merced, called the Castle Ice Cream Company, valued at $45,000, which was sold and delivered to the defendant corporation subject to an indebtedness of $26,679.65, which obligation was assumed by the purchaser. The sale was consummated pursuant to the terms of a written contract which was executed by the respective parties August 22, 1922. The title to the…

2Cases cited5 opinions

  1. Lightner Mining Co. v. LaneCalifornia Supreme Court · 1911
  2. Tatterson v. KehrleinCalifornia Court of Appeal · 1927
  3. McWilliams v. Excelsior Coal Co.Court of Appeals for the Eighth Circuit · 1924
  4. Peek v. SteinbergCalifornia Supreme Court · 1912
  5. Otten v. Riesener Chocolate Co.California Court of Appeal · 1927

3Cited by22 opinions

  1. People v. MillsCalifornia Court of Appeal · 1957
  2. Pollak v. StauntonCalifornia Supreme Court · 1930
  3. Loth v. LothSupreme Court of Minnesota · 1949
  4. Miller v. California Roofing Co.California Court of Appeal · 1942
  5. Eberhard v. Pacific Southwest Loan & Mortgage Corp.California Supreme Court · 1932

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