Legal Opinion

Summerhays v. Scheu

California Court of Appeal

Decided December 11, 1935No. Civ. 5438PublishedCited by 11 opinions

1Opinion of the CourtPullen, P. J.

This appeal is from a judgment of dismissal following the sustaining of a demurrer to an amended complaint without leave to amend, and the denial of a motion to file a proposed second amended complaint.

The first amended complaint attempted to state a cause of action for equitable relief restraining defendants from manufacturing and selling orchard heaters which embodied inventions described and claimed in several applications for patents which were sold by defendant W. S. Scheu to plaintiff, and for an accounting for all of the profits derived from the sale of the heaters embodying said…

2Cases cited2 opinions

  1. Marsh v. Nichols, Shepard & Co.Supreme Court of the United States · 1888
  2. Diller v. SchindlerCalifornia Court of Appeal · 1928

3Cited by11 opinions

  1. Albert H. And Doris G. Throndson v. Commissioner of Internal Revenue, Albert H. And Doris G. Throndson v. Commissioner of Internal Revenue, J. Leonard Schmitz and Alice Schmitz v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1972
  2. Hunter v. Superior CourtCalifornia Court of Appeal · 1939
  3. Boughton v. Socony Mobil Oil Co.California Court of Appeal · 1964
  4. Amid v. Hawthorne Community Medical Group, Inc.California Court of Appeal · 1989
  5. King v. GeroldCalifornia Court of Appeal · 1952

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