Legal Opinion

Bagley v. International Harvester Co.

California Court of Appeal

Decided May 19, 1949No. Civ. 7503PublishedCited by 13 opinions

1Opinion of the CourtPeek, J.

This is an appeal from a judgment of the trial court dismissing plaintiff’s fourth amended complaint after an order of the court sustaining defendant’s demurrer to said complaint without leave to amend had been entered.

The first cause of action, which is incorporated in its entirety in the second and third causes, alleged the corporate existence of the defendant; the purchase by plaintiff of an International K-ll truck from the defendant; that at the time of purchase the defendant, through its agent, orally warranted and represented that the truck was suitable for hauling logs in Siskiyou…

2Cases cited2 opinions

  1. Drumar Mining Co. v. Morris Ravine Mining Co.California Court of Appeal · 1939
  2. Ellerhorst v. BlankmanCalifornia Court of Appeal · 1929

3Cited by13 opinions

  1. Utz v. AureguyCalifornia Court of Appeal · 1952
  2. Keith v. BuchananCalifornia Court of Appeal · 1985
  3. Emerald Bay Community Ass'n v. Golden Eagle InsuranceCalifornia Court of Appeal · 2005
  4. Odell v. FruehCalifornia Court of Appeal · 1956
  5. Hacker v. Homeward Residential, Inc., California Court of Appeal, 5th District2018

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