Legal Opinion

Buttner v. Smith

California Supreme Court

Decided April 30, 1894No. 15,427PublishedCited by 1 opinion

APPEAL from Superior Court, Santa Clara County; John Reynolds, Judge. Action by Buttner against Smith to recover money paid defendant to assist him in getting possession of stock. From a judgment for plaintiff and another denying a new trial defendant appeals. From an order denying plaintiff’s motion to add to the verdict interest on the amount from the date demand was made for its return to the date the action was begun, plaintiff appeals.

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APPEAL from Superior Court, Santa Clara County; John Reynolds, Judge. Action by Buttner against Smith to recover money paid defendant to assist him in getting possession of stock. From a judgment for plaintiff and another denying a new trial defendant appeals. From an order denying plaintiff’s motion to add to the verdict interest on the amount from the date demand was made for its return to the date the action was begun, plaintiff appeals. Order denying a new trial affirmed and judgment modified.

1Opinion of the CourtHarrison, J.

The appellant gave to the respondent the

following agreement:

“San Jose, Cal., May 24, 1889.
“I hereby grant to J. C. Buttner or assigns five days’ refusal to purchase 490 shares of Union Mill and Lumber Co. stock for the sum of $15,100 on the following terms, to wit, $3,100 down on or before the 29th day of May, 1889, at 3 P. M.; $1,000 payable every six months thereafter, with interest on the whole balance, payable every six months, and the said 490 shares as security, and 20 shares additional; making 510 shares in all.....
“CHAS. C. SMITPI.”

On the 29th of May the appellant desired further time…

2Cases cited1 opinion

  1. Garrison v. McGlockleyCalifornia Supreme Court · 1869

3Cited by1 opinion

  1. Leete v. Pacific Mill & Mining Co.U.S. Circuit Court for the District of Nevada · 1898

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