Judson Manufacturing Co. v. Lutge
California Supreme Court
APPEAL from a judgment of the Superior Court of the City and County of San Francisco, and from an order refusing a new trial. W. M. Conley, Trial Judge, and George A. Sturtevant, Judge denying motion for new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
Plaintiff sued to recover for the value of materials furnished to defendant. It charged in two counts; the first an express contract with a fixed price for the materials; the second in quantum valebat. The court gave plaintiff judgment in the amount sued for, and from that judgment and from the order denying his motion for a new trial defendant appeals.
The material which plaintiff agreed to and did furnish was steel and iron to be used by defendant in the performance of his contract in the construction of the “New Coliseum Building” in the city and county of San Francisco. By his contract…
2Cases cited6 opinions
- Mitchell v. ClarkeCalifornia Supreme Court · 1886
- Stevenson v. SmithCalifornia Supreme Court · 1865
- H., R. McC. v. W., L. Co.California Court of Appeal · 1906
- Harron, Rickard & McCone v. Wilson, Lyon & Co.California Court of Appeal · 1906
- Cole v. SwanstonCalifornia Supreme Court · 1850
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3Cited by6 opinions
- Shook v. PearsonCalifornia Court of Appeal · 1950
- Beatty Safway Scaffold, Inc. v. SkrableCalifornia Court of Appeal · 1960
- Duell v. SanstromCalifornia Court of Appeal · 1932
- National City Finance Co. v. LynchCalifornia Court of Appeal · 1928
- Comstock v. Coronet Heating Supply Co.California Court of Appeal · 1952
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