Lacey v. Beaudry
California Supreme Court
Appeal from the District Court of the Seventeenth Judicial District, Los Angeles County. Trover for the conversion of certain fixtures and improvements placed upon a lot in Los Angeles. The plaintiff entered into possession of the lot under a conditional agreement to purchase the same from the defendant, as he alleges; that he should make certain improvements, which, in case the sale should not be made, he should have the right to remove.
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Appeal from the District Court of the Seventeenth Judicial District, Los Angeles County. Trover for the conversion of certain fixtures and improvements placed upon a lot in Los Angeles. The plaintiff entered into possession of the lot under a conditional agreement to purchase the same from the defendant, as he alleges; that he should make certain improvements, which, in case the sale should not be made, he should have the right to remove. Subsequently, the defendant sued out an injunction against the plaintiff, alleging in his complaint that Lacey, the plaintiff herein, was about to remove…
1Opinion of the Court
By the Court :
Without considering the defective averments of the complaint, it is enough to say that among the many errors occurring at the trial, one of the most prominent was the giving of the second instruction requested by plaintiff, which was to the effect that the defendant Beaudry, by the mere “ issuance and service ” of an injunction, converted to his own use certain property on premises then in the possession of the present plaintiff.
Judgment and order reversed, and cause remanded for a new trial. Bemittitur forthwith.
2Cited by7 opinions
- Felcher v. McMillanMichigan Supreme Court · 1895
- R. Muñiz de León & Co., S. en C. v. Melón Hnos. & Cía., S. en C.Supreme Court of Puerto Rico · 1940
- Serrallés Galiano v. Saurí TristaniSupreme Court of Puerto Rico · 1933
- Blumenthal v. Maryland Casualty Co.California Court of Appeal · 1932
- Blanchard v. LaddCalifornia Supreme Court · 1901
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