Legal Opinion

Rylee v. De Fini

Appellate Division of the Superior Court of California

Decided June 15, 1955No. Civ. A. No. 8581PublishedCited by 6 opinions

1Opinion of the CourtBishop, Acting P. J.

The plaintiffs are faced with a dilemma, as they defend their judgment of $725: if the issues are restricted to the two framed as a result of a pretrial conference, the vital one of those issues must be resolved against them; and if the issues are as broad as the findings, then the evidence fails to support an essential finding.

The action is one for a broker’s commission. As the facts are set forth in the second cause of action of the amended complaint, we must disregard the first cause of action, in which they are pleaded as a common count. (Orloff v. Metropolitan Trust Co. (1941), 17 Cal.2d…

2Cases cited10 opinions

  1. Orloff v. Metropolitan Trust Co.California Supreme Court · 1941
  2. Neal v. Bank of AmericaCalifornia Court of Appeal · 1949
  3. Twogood v. MonnetteCalifornia Supreme Court · 1923
  4. Krotzer v. ClarkCalifornia Supreme Court · 1918
  5. Lathrop v. GaugerCalifornia Court of Appeal · 1954

5 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Addiego v. HillCalifornia Court of Appeal · 1965
  2. Patrick J. Ruane, Inc. v. ParkerCalifornia Court of Appeal · 1960
  3. City of Oakland v. Oakland Unified School DistrictCalifornia Court of Appeal · 1956
  4. Born v. KoopCalifornia Court of Appeal · 1962
  5. Wright v. BuzzineCalifornia Court of Appeal · 1960

1 more not listed; retrieve them via the Exa API.

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