Legal Opinion

Waltz v. Silveria

California Court of Appeal

Decided November 9, 1914No. Civ. No. 1382PublishedCited by 10 opinions

APPEALS from a judgment of nonsuit of the Superior Court of Alameda County and from an order denying plaintiff’s motion for a new trial on his first cause of action and an order granting plaintiff’s motion for a new trial on defendant’s cross-complaint. John Ellsworth, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtLennon, P. J.

The plaintiff in this action sought to recover from the defendants the sum of three hundred and fifteen dollars, alleged to be the balance due and unpaid of the purchase price of a fireproof safe which had been sold and delivered to the defendants pursuant to the terms‘of a contract of conditional sale. The plaintiff was nonsuited, and this appeal in part is from the judgment thereupon entered that the plaintiff take nothing by his action, and from an order denying a new trial.

The material averments of the plaintiff’s complaint were admitted by the answer of the defendants; but as a special…

2Cases cited13 opinions

  1. J. S. Potts Drug Co. v. BenedictCalifornia Supreme Court · 1909
  2. Parke & Lacy Co. v. White River Lumber Co.California Supreme Court · 1894
  3. Williams v. Hartford Ins. Co.California Supreme Court · 1880
  4. Domico v. CasassaCalifornia Supreme Court · 1894
  5. Young Men's Christian Ass'n of Santa Cruz v. ChapmanCalifornia Supreme Court · 1912

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3Cited by10 opinions

  1. Springer v. Pacific Fruit ExchangeCalifornia Court of Appeal · 1928
  2. Alvernaz v. H. P. Garin Co.California Court of Appeal · 1932
  3. Ross v. McDougalCalifornia Court of Appeal · 1936
  4. Wyman v. Security Insurance Co.California Supreme Court · 1927
  5. Yeremian v. Turlock Dehydrating & Packing Co.California Court of Appeal · 1938

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