Legal Opinion

Hackett v. Lewis

California Court of Appeal

Decided April 5, 1918No. Civ. No. 1982PublishedCited by 3 opinions

APPEAL from a judgment of the Superior Court of the City and County of San Francisco. Bernard J. Flood, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtKerrigan, J.

The plaintiffs brought suit to foreclose a chattel mortgage given by the defendants to the plaintiffs to secure the payment of thirteen promissory notes of one hundred dollars each, the purchase price of a motor truck sold by the plaintiffs to the defendants. The defendants, in their answer, set up a breach of a warranty of the truck made by the plaintiffs, and in a cross-complaint demanded cancellation of the notes and mortgage, and damages alleged to have been sustained by them by reason of the breach.

The decision of the case in the trial court turned on the point as to whether or not the…

2Cases cited2 opinions

  1. Luitweiler Pumping Engine Co. v. Ukiah Water & Improvement Co.California Court of Appeal · 1911
  2. Pepper v. VedovaCalifornia Court of Appeal · 1915

3Cited by3 opinions

  1. Mary Pickford Co. v. Bayly Bros., Inc.California Supreme Court · 1939
  2. Miller v. Germain Seed & Plant Co.California Supreme Court · 1924
  3. Hogan v. AnthonyCalifornia Court of Appeal · 1919

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