Legal Opinion
Simmons v. Birge Co.
District Court, S.D. California
Decided November 10, 1943No. 2880 O’CPublishedCited by 7 opinions
1Opinion of the Court
J. F. T. O’CONNOR, District Judge.
This is an .action to recover damages for breach of contract. The suit was originally commenced in the state courts, but was subsequently removed here and maintained pursuant to 28 U.S.C.A. § 41(1). Certain issues decisive of the plaintiff’s case were submitted following, .a pre-trial hearing.
The plaintiff was the organizer and president of John B. Simmons, Inc., which is engaged in the business of selling wallpaper, and similar supplies in Los Angeles, California, and elsewhere along the Pacific Coast. John B. Simmons, Inc., is the successor to the assets…
2Cases cited40 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Seymour v. OelrichsCalifornia Supreme Court · 1909
- Ryan v. United StatesSupreme Court of the United States · 1890
- Craig v. ZelianCalifornia Supreme Court · 1902
- O'Brien v. O'BrienCalifornia Supreme Court · 1925
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3Cited by7 opinions
- Amen v. Merced County Title Co.California Supreme Court · 1962
- Ellis v. KlaffCalifornia Court of Appeal · 1950
- Grant v. WilliamsNebraska Supreme Court · 1954
- Joseph Denunzio Fruit Co. v. CraneDistrict Court, S.D. California · 1948
- Murphy v. Hartford Accident & Indemnity Co.California Court of Appeal · 1960
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