Hunt v. Elliott
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. The affidavit of H. S. Baer was offered in support of plaintiff’s motion for a new trial, and stated “that he was one of the jurymen impaneled upon the trial of the above-entitled cause; that after the jury retired for the purpose of considering their verdict, they found they could not agree thereon, and that the jurors all agreed that each one should mark down the sum…
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Appeal from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. The affidavit of H. S. Baer was offered in support of plaintiff’s motion for a new trial, and stated “that he was one of the jurymen impaneled upon the trial of the above-entitled cause; that after the jury retired for the purpose of considering their verdict, they found they could not agree thereon, and that the jurors all agreed that each one should mark down the sum he thought proper to find in favor of the plaintiff, and against the defendant, and then to divide the total amount of…
1Opinion of the Court
Belcher, C. C.
This action was brought to recover the sum of four hundred dollars, the agreed price for *590erecting two wind-mills, pumps, tanks, etc. The defendant, by his answer, denied that plaintiff had performed the conditions of his contract, and by way of cross-complaint alleged that by reason of the plaintiff’s failure to construct the works as agreed, he had been damaged in the sum of four hundred dollars, for which he asked judgment. The defendant answered to the cross-complaint, denying all of its material allegations. The case was tried by a jury, and a verdict returned for the…
2Cases cited2 opinions
- Turner v. Tuolumne County Water Co.California Supreme Court · 1864
- Hoare v. HindleyCalifornia Supreme Court · 1874
3Cited by10 opinions
- Ulrick v. Dakota Loan & Trust Co.South Dakota Supreme Court · 1891
- Flood v. McClureIdaho Supreme Court · 1893
- Pence v. California Mining Co.Utah Supreme Court · 1904
- McDonnell v. Pescadero & San Mateo Stage Co.California Supreme Court · 1898
- State ex rel. Senter v. CowellMissouri Court of Appeals · 1907
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