Third Street Improvement Co. v. McLelland
California Court of Appeal
APPEAL from a judgment of the Superior Court of the City and -County of San Francisco, B. V. Sargent, Judge presiding. The facts are stated in the opinion of the court.
1Opinion of the CourtKerrigan, J.
This is an appeal -from a judgment of nonsuit.' The action was for money had and received by the defendants for the use and benefit of the plaintiff. The answers of the defendants denied the receipt of the money.
Upon the trial of the case the secretary of the corporation plaintiff testified that the defendants, as copartners, erected a building for the plaintiff in San Francisco, and that at or about the time of the completion of the building there was an agreement of settlement in writing between the parties. This agreement was introduced in evidence and consisted of an itemization of sums…
2Cases cited6 opinions
- Frost v. WitterCalifornia Supreme Court · 1901
- Walsh v. MckeenCalifornia Supreme Court · 1888
- Born v. CastleCalifornia Court of Appeal · 1913
- Irving v. CunninghamCalifornia Supreme Court · 1884
- De Witt v. DuncanCalifornia Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Eldridge v. MowryCalifornia Court of Appeal · 1914
- MacKroth v. SladkyCalifornia Court of Appeal · 1915
- White v. GreenwoodCalifornia Court of Appeal · 1921
- Seaboard Dairy Credit Corp. v. HermanCalifornia Court of Appeal · 1934
- Slankard v. WagnonCalifornia Supreme Court · 1919