Legal Opinion
Riskas v. De La Montanya
California Court of Appeal
Decided November 5, 1956No. Civ. 17009PublishedCited by 3 opinions
1Opinion of the CourtBray, J.
Defendant appeals from a judgment for plaintiff for $3,300 and a denial of relief to defendant upon his cross-complaint.
Questions Presented
1. Was there a warranty of the fitness of the crane ?
2. Should the court have found expressly on accord and satisfaction?
Evidence
Defendant rented a crane from plaintiff’s assignor, Henry A. Tieslau, for a monthly rental of $825. * Defendant took possession of it on October 18th, moving it to Mare Island. Defendant testified that it repeatedly broke down in use because of mechanical failures which defendant had to repair, and that he was able to use it on…
2Cases cited5 opinions
- Berger v. LaneCalifornia Supreme Court · 1923
- B. & W. Engineering Co. v. BeamCalifornia Court of Appeal · 1913
- Golden Gate Building Materials Co. v. FiremanCalifornia Supreme Court · 1928
- Baker v. GibsonCalifornia Supreme Court · 1939
- Pugh-Miller Drilling Co. v. Main Oil Co.California Court of Appeal · 1929
3Cited by3 opinions
- Holmes Packaging MacH. Corp. v. BinghamCalifornia Court of Appeal · 1967
- Adelman v. ArthurNevada Supreme Court · 1967
- BII Finance Co. v. U-States Forwarding Services Corp.California Court of Appeal · 2002