Sherman v. Gray
California Court of Appeal
APPEAL from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. M. C. Sloss, Judge. The ease was commenced in Department No. 8, of which George A. Sturtevant is judge; but the trial was had solely before M. C. Sloss, Judge, who made the findings and settled the statement. Further facts are stated in the opinion of the court.
1Opinion of the CourtKerrigan, J.
This is an action for damages for breach of contract. Plaintiff owned a piece of land in San Francisco known as Block 39, bounded by Van Ness avenue, Polk street, North Point and Bay street, and on February 21, 1901, entered into a contract with defendants, by the terms of which the defendants were to remove 7000 cubic yards of surplus sand from said block and to pay therefor six and one-quarter cents per cubic yard; they were also to level and grade said block and streets to the official grade, and to cover the entire surface of said block and one-half the streets fronting thereon with clay…
2Cases cited8 opinions
- Pacific Factor Co. v. AdlerCalifornia Supreme Court · 1891
- Long Beach City School District v. DodgeCalifornia Supreme Court · 1902
- Smith v. NewellSupreme Court of Florida · 1896
- Patent Brick Co. v. MooreCalifornia Supreme Court · 1888
- People v. Central Pacific RailroadCalifornia Supreme Court · 1888
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3Cited by11 opinions
- Better Food Markets, Inc. v. American District Telegraph Co.California Supreme Court · 1953
- Hanlon Drydock & Shipbuilding Co. v. G. W. McNear, Inc.California Court of Appeal · 1924
- Palestine Ice, Fuel & Gin Co. v. Walter Connally & Co.Court of Appeals of Texas · 1912
- Leslie v. Brown Brothers IncorporationCalifornia Supreme Court · 1929
- McInerney v. MackCalifornia Court of Appeal · 1917
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