Legal Opinion

Montgomery v. Thomson

California Supreme Court

Decided November 29, 1907No. S.F. No. 4050PublishedCited by 2 opinions

APPEAL from a judgment of the Superior Court of the City and County of San Francisco, and from an order refusing a new trial. J. M. Seawell, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtMcFARLAND, J.

This is an action to recover $2620.80 and interest for an alleged balance due plaintiff from defendant for the sale by the former to the latter of a certain amount of cords of brush to be used by defendant in certain levee work at Sherman.Island. The case was tried without a jury, and the court made findings and rendered judgment as prayed for in the complaint. From the judgment and from an order denying his motion for a new trial defendant appeals.

On September 12, 1901, a written contract was executed between plaintiff as party of the first part and defendant as party of the second part. The…

2Cited by2 opinions

  1. Compressed Air MacHinery Co. v. West San Pablo Land & Water Co.California Court of Appeal · 1908
  2. Albrecht v. JohnsonCalifornia Court of Appeal · 1930

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