Terry v. Sickles
California Supreme Court
Appeal from the Twelfth District. Action on an account stated. Complaint and answer verified. The answer admits the purchase of the goods, as stated in the complaint, and avers that defendant agreed to pay fair market price. Denies that there ever was an account stated in which the balance alleged, or any balance, was found due plaintiff; denies that he ever promised to pay, or that, on a just accounting, defendant is indebted to plaintiff in the sum claimed.
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Appeal from the Twelfth District. Action on an account stated. Complaint and answer verified. The answer admits the purchase of the goods, as stated in the complaint, and avers that defendant agreed to pay fair market price. Denies that there ever was an account stated in which the balance alleged, or any balance, was found due plaintiff; denies that he ever promised to pay, or that, on a just accounting, defendant is indebted to plaintiff in the sum claimed. On the trial, plaintiff introduced a witness who testified in substance, that, as agent of plaintiff, he presented the account sued on…
1Opinion of the Court
There were two opinions rendered in this case. The judgment is the same, but the opinions being different in some particulars, and both covering all the points in the case, the last only, delivered at the July Term, 1860, is inserted here. It was delivered by Cope, J.
Field, C. J. concurring.
We have examined the questions in this case, and are satisfied of the correctness of the former decision of this Court. The objection to the instruction given by the Court below is purely technical. The instruction could not have prejudiced the defendant. There was but one witness examined, and his…
2Cited by26 opinions
- Robinson v. Western Pacific RailroadCalifornia Supreme Court · 1874
- Trafton v. YoungbloodCalifornia Supreme Court · 1968
- Goble v. DillonIndiana Supreme Court · 1882
- Hendy v. MarchCalifornia Supreme Court · 1888
- Lacy Manufacturing Co. v. Gold Crown Mining Co.California Court of Appeal · 1942
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