Livermore v. Stine
California Supreme Court
Appeal from the District Court of the Sixtéenth Judicial District, Kern County. This was an action for five hundred and sixty-nine dollars and sixty-eight cents on promissory notes and hook account.
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Appeal from the District Court of the Sixtéenth Judicial District, Kern County. This was an action for five hundred and sixty-nine dollars and sixty-eight cents on promissory notes and hook account. The defendant answered, denying any greater indebtedness than sixty-nine dollars and sixty-eight cents in the first count, and in the second setting up a counterclaim for five hundred dollars, for bricks made for plaintiffs, and praying that such amount might be allowed as an offset to plaintiffs’ demand. There was testimony tending to show that the plaintiffs, by their agent, George B. Chester,…
1Opinion of the Court
By the Court,
Wallace, C. J.:
This is an appeal from an order denying the motion of the plaintiff for a new trial.
First—The point made that the verdict is for too small a sum of money cannot be considered here, inasmuch as it was not specified in the statement filed in support of the motion with the particularity required by the statute.
Second—The evidence in relation to the subject of the counterclaim was substantially conflicting, and the verdict will, therefore, not be disturbed here.
*278Third—The counterclaim does not purport to be a contract for the sale or delivery of chattels, but one for…
2Cited by9 opinions
- Clark Equipment Co. v. WheatCalifornia Court of Appeal · 1979
- Howard v. AdamsCalifornia Supreme Court · 1940
- McLaughlin v. WheelerSouth Dakota Supreme Court · 1891
- Schultz v. NobleCalifornia Supreme Court · 1888
- People v. HowardCalifornia Supreme Court · 1901
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