Legal Opinion

Bancroft v. San Francisco Tool Co.

California Supreme Court

Decided March 3, 1898No. S. F. No. 484PublishedCited by 24 opinions

APPEAL from an order of the Superior Court of the City and. County of San Francisco, denying a new trial. Charles W. Slack, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtGaroutte, J.

Plaintiff brings this action to recover damages arising from a defective elevator furnished him by defendant. He was nonsuited, and now appeals from an order denying his motion for a new trial. It is claimed on his part that the contract under which the elevator was sold and delivered was a written contract. This contention is denied, but, owing to the views we entertain upon other questions involved in the litigation, we leave the issue open, a decision of it not being necessary to the final disposition of the case.

The elevator furnished plaintiff by defendant was not suitable for the…

2Cases cited4 opinions

  1. Rice v. ForsythCourt of Appeals of Maryland · 1875
  2. Mason v. ChappellSupreme Court of Virginia · 1860
  3. Robert W. L. Rasin & Co. v. ConleyCourt of Appeals of Maryland · 1882
  4. Walker v. PueCourt of Appeals of Maryland · 1881

3Cited by24 opinions

  1. MacKnight Flintic Stone Co. v. Mayor of New YorkNew York Court of Appeals · 1899
  2. United Iron Works v. Outer Harbor Dock & Wharf Co.California Supreme Court · 1914
  3. Remsberg v. Hackney Manufacturing Co.California Supreme Court · 1917
  4. Bryson v. McConeCalifornia Supreme Court · 1898
  5. Mannix v. TryonCalifornia Supreme Court · 1907

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