Legal Opinion

Merrill v. Kohlberg

California Court of Appeal

Decided January 14, 1916No. Civ. No. 1751PublishedCited by 21 opinions

APPEAL from a judgment of the Superior Court .of the City and County of San Francisco, and from an order denying a new trial. Franklin J. Cole, Judge presiding. The facts are stated in the opinion of the court.

1Opinion of the CourtLennon, P. J.

In this action for damages for breach of contract the plaintiff upon the verdict of a jury recovered a judgment against the defendant in the sum of three thousand dollars, from which and from an order denying a new trial the defendant has appealed.

The plaintiff’s complaint purported to state a cause of action in two counts,—-one upon an oral contract and the other upon a written contract. The first count in substance alleged that in the month of May or July, 1907, the defendant at Jersey City, state of New Jersey, entered into a contract with Harriett S. Hall, plaintiff’s testatrix, a…

2Cases cited4 opinions

  1. Durkee v. Chino Land and Water Co.California Supreme Court · 1907
  2. Lebcher v. LambertUtah Supreme Court · 1900
  3. E. L. Hasler Co. v. Griffing Florida Orchard Co.Appellate Court of Illinois · 1907
  4. Wilson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1909

3Cited by21 opinions

  1. Panopulos v. MaderisCalifornia Supreme Court · 1956
  2. Sessions v. Pacific Improvement Co.California Court of Appeal · 1922
  3. King v. SchumacherCalifornia Court of Appeal · 1939
  4. Francis v. SauveCalifornia Court of Appeal · 1963
  5. Syler v. KatzerCalifornia Supreme Court · 1938

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