Legal Opinion
Benchley v. Durkee Famous Foods, Inc.
California Court of Appeal
Decided January 12, 1933No. Docket No. 8093PublishedCited by 5 opinions
1Opinion of the Court
PARKER, J., pro tem.
The action is on a contract. Judgment in the court below went for the plaintiff and defendant appeals.
The complaint was drawn in two counts and the judgment was in favor of plaintiff on the first count only. Also, there was a cross-complaint by defendant, asking affirmative relief by way of money judgment. On the cross-complaint the plaintiff and cross-defendant prevailed. However, it seems conceded that if the judgment in favor of plaintiff upon his original complaint should lack support in the evidence then defendant should prevail upon its cross-complaint. The case is…
2Cases cited5 opinions
- Pacific Wharf & Storage Co. v. Standard American Dredging Co.California Supreme Court · 1920
- L.A. Gas & Elec. Co. v. Amalgamated Oil Co.California Supreme Court · 1909
- Palmer v. FixCalifornia Court of Appeal · 1930
- Waybright v. MeekCalifornia Court of Appeal · 1928
- Moses v. Pacific Building Co.California Court of Appeal · 1922
3Cited by5 opinions
- Hudson v. WylieCourt of Appeals for the Ninth Circuit · 1957
- Swinney v. Continental Building Co.Supreme Court of Missouri · 1937
- Hudson v. WylieCourt of Appeals for the Ninth Circuit · 1957
- Glovis Am., Inc. v. Cnty. of Ventura, California Court of Appeal, 5th District2018
- Glovis America, Inc. v. County of VenturaCalifornia Court of Appeal · 2018