Legal Opinion

Firestone Tire & Rubber Co. v. C. E. Herrick, Inc.

California Court of Appeal

Decided September 18, 1917No. Civ. No. 1811Published

The facts are stated in the opinion of the court.

1Opinion of the Court

THE COURT.

This is an appeal by defendant from a judgment in favor of plaintiff for the sum of $376.92, the amount of two orders for the payment of money accepted by defendant, together with interest and costs.

But two points are urged in support of the appeal, neither of which can be seriously entertained.

The first is the alleged error of the trial court in overruling defendant’s demurrer to the complaint. It is claimed that the complaint failed to state a cause of action for the reason that it contained no allegation “that the defendant corporation by its duly authorized officer or agent…

2Cases cited1 opinion

  1. Topeka Capital Co. v. Remington Paper Co.Supreme Court of Kansas · 1900

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