Legal Opinion

Capell v. Capell Sales Co.

California Supreme Court

Decided April 30, 1913No. L.A. No. 3081PublishedCited by 1 opinion

APPEAL from a judgment of the Superior Court of Los Angeles County. J. D. Murphey, Judge presiding. The facts are stated in the opinion of the court.

1Opinion of the CourtShaw, J.

The defendant appeals from the judgment upon the judgment-roll alone.

The plaintiff obtained a judgment against the defendant for four hundred and fifty dollars, as the amount due him upon a contract with A. G. Herron & Co. Before entering upon the performance of the contract Herron & Go. transferred all of its right thereunder to the defendant, Capell Sales Company, which latter corporation thereunder assumed and agreed to perform the obligations of Herron & Co., all of which was done with the consent and approval of the plaintiff.

The contract was made on October 11, 1909. It begins by…

2Cases cited2 opinions

  1. Wing v. . Ansonia Clock Co.New York Court of Appeals · 1886
  2. Ebert v. LoewensteinAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by1 opinion

  1. Miller v. O. B. McClintock Co.Supreme Court of Minnesota · 1941

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