Kehrlein-Swinerton Construction Co. v. Rapken
California Court of Appeal
APPEAL from a judgment of the Superior Court of the City and County of San Francisco, and from an order dismissing the action and from an order denying a motion to vacate such order. George A. Sturtevant, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtRichards, J.
This action was commenced by the plaintiff as a corporation against the defendant to recover the sum of six hundred dollars for the alleged breach of a contract in writing for the supplying by plaintiff to the defendant of certain labor and materials to be used in the construction of a building, which, it is alleged, were furnished but for which the defendant refused to pay.
The plaintiff averred its corporate existence in the usual form. The defendant denied this allegation and alleged “that the plaintiff is not now, or was at the time of the filing of the complaint, a corporation organized…
2Cases cited12 opinions
- Crossman v. Vivienda Water Co.California Supreme Court · 1907
- California Savings & Loan Society v. HarrisCalifornia Supreme Court · 1896
- Kaiser Land and Fruit Co. v. CurryCalifornia Supreme Court · 1909
- Alaska Salmon Co. v. Standard Box Co.California Supreme Court · 1910
- Newhall v. Western Zinc Min. Co.California Supreme Court · 1912
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3Cited by10 opinions
- Cleveland v. Gore Bros., Inc.California Court of Appeal · 1936
- Ferguson Fruit & Land Co v. GooddingIdaho Supreme Court · 1927
- Maryland Casualty Co. v. Superior CourtCalifornia Court of Appeal · 1928
- California National Supply Co. v. FlackCalifornia Supreme Court · 1920
- S. W. Towle Lumber Co. v. AndersonCalifornia Supreme Court · 1929
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