Legal Opinion

Weller v. Stevens

California Court of Appeal

Decided March 9, 1910No. Civ. No. 744PublishedCited by 4 opinions

APPEAL from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. Frank F. Oster, Judge presiding. The facts are stated in the opinion of the court.

1Opinion of the CourtShaw, J.

Action to recover a balance of $2,609.40 and interest alleged to be due upon an open account for goods sold and delivered1 by plaintiff’s assignor to defendant. In addition to a general denial, defendant pleaded, by way of a separate defense, an accord and' satisfaction.

The findings as to all the issues were against defendant, and judgment went for plaintiff in accordance with the prayer of the complaint, from which, and an order denying his motion for a new trial, defendant prosecutes this appeal.

Appellant’s claim for a reversal is based upon the ground that the facts proved established an…

2Cited by4 opinions

  1. Southern California Disinfecting Co. v. LomkinCalifornia Court of Appeal · 1960
  2. Biaggi v. SawyerCalifornia Court of Appeal · 1946
  3. Sparks v. Spaulding Mfg. Co.Supreme Court of Iowa · 1913
  4. Johnston v. BurnettCalifornia Court of Appeal · 1911

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