Olmstead v. Dauphiny
California Supreme Court
Appeal from a judgment of the Superior Court of Humboldt County and from an order denying a new trial. The facts are stated in the opinion. There was a misjoinder of causes of action. The first count is a cause of action founded on negligence, error, or mistake of the defendants’ vendors, and is united in the same complaint with a cause of action in the second count founded upon an express contract for money due plaintiff from defendants.
Read the full summary
Appeal from a judgment of the Superior Court of Humboldt County and from an order denying a new trial. The facts are stated in the opinion. There was a misjoinder of causes of action. The first count is a cause of action founded on negligence, error, or mistake of the defendants’ vendors, and is united in the same complaint with a cause of action in the second count founded upon an express contract for money due plaintiff from defendants. (Benton v. Winner, 23 N. Y. Supp. 413; Code Civ. Proc., sec. 427; CheroJcee Nation v. Southern Kan. Ry. Co., 135 U. S. 641; Smith v. State, 66 Md. 215;…
1Opinion of the Court
Searls, C.
This action is brought to recover the sum of $1,362.46, as follows: $140 for rent upon certain premises leased, concerning which there is practically no controversy, and the further sum of $1,222.46, for money averred to have been paid by plaintiff .to defendants under a mistake upon an account stated.
Plaintiff had a verdict for $720, upon which judgment *638was entered. The appeal is from the judgment and from an order denying defendant’s motion for a new trial.
It appears from the pleadings and evidence that on or about January 1, 1892, the defendants rendered to plaintiff an account…
2Cited by9 opinions
- Mayfield v. Fidelity & Casualty Co.California Court of Appeal · 1936
- People v. BurresCalifornia Court of Appeal · 1980
- Bennett v. ChandlerCalifornia Court of Appeal · 1942
- Darknell v. Coeur D'Alene & St. Joe Transportation Co.Idaho Supreme Court · 1910
- Weintraub v. SoronowCalifornia Court of Appeal · 1931
4 more not listed; retrieve them via the Exa API.