Legal Opinion

Phillips v. Stark

California Supreme Court

Decided June 28, 1921No. L. A. No. 6578PublishedCited by 22 opinions

The facts are stated in the opinion of the court. Lester Wm. Roth and Janeway, Beach & Pratt for Appellant.

1Opinion of the CourtOlney, J.

This is an appeal by the plaintiff from a judgment of nonsuit. The plaintiff’s evidence was in substantial accord with the allegations of his complaint and was to the following effect:

The plaintiff was the owner of a bakery and sold it to the defendants for the price of ten thousand dollars. The defendants at the time gave the plaintiff a cheek for five hundred dollars on account, agreed to pay the balance the next day, and received immediate possession. The next day the plaintiff called upon the defendants to obtain the balance of nine thousand five hundred dollars, and in the course of the…

2Cases cited3 opinions

  1. Tomboy Gold & Copper Co. v. MarksCalifornia Supreme Court · 1921
  2. Meyer v. McAllisterCalifornia Court of Appeal · 1914
  3. Bennett v. PotterCalifornia Court of Appeal · 1911

3Cited by22 opinions

  1. Hulen v. StuartCalifornia Supreme Court · 1923
  2. Wells v. Lloyd IVCalifornia Supreme Court · 1936
  3. Gopcevic v. California Packing Corp.California Court of Appeal · 1923
  4. Phillips v. StarkCalifornia Court of Appeal · 1924
  5. Reiter v. AndersonCalifornia Court of Appeal · 1927

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