Legal Opinion

Bennett v. Potter

California Court of Appeal

Decided May 6, 1911No. Civ. No. 899PublishedCited by 7 opinions

APPEAL from a judgment of the Superior Court of Los Angeles County, and from an order denying a motion for a new trial. Curtis D. Wilbur, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtJames, J.

The complaint in this action contained three counts. At the trial plaintiff elected to proceed upon the third count, which stated a cause of action for breach of contract, consisting in the refusal of defendant to accept and pay for a certain automobile purchased by the latter from the plaintiff. Judgment was in favor of plaintiff and against defendant for the sum of $1,775 and interest. Defendant appealed from the judgment and from an order denying her motion for a new trial. The appeal from the judgment was taken too late. Notice of appeal was filed more than seven months after judgment was…

2Cases cited5 opinions

  1. Swift v. Occidental Mining & Petroleum Co.California Supreme Court · 1903
  2. Coburn v. California Portland Cement Co.California Supreme Court · 1904
  3. Jenson v. Will & Finck Co.California Supreme Court · 1907
  4. Sharp v. BowieCalifornia Supreme Court · 1904
  5. Robinson v. EberhartCalifornia Supreme Court · 1906

3Cited by7 opinions

  1. State v. ArmstrongNew Mexico Supreme Court · 1924
  2. Phillips v. StarkCalifornia Supreme Court · 1921
  3. Hamberger-Polhemus Co. v. LewinCalifornia Court of Appeal · 1929
  4. Aimo v. MitchellCalifornia Court of Appeal · 1932
  5. Madison v. Weyl-Zuckerman & Co.California Court of Appeal · 1920

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