Legal Opinion
Lockwood v. Smigel
California Court of Appeal
Decided July 21, 1971No. Civ. 38371PublishedCited by 9 opinions
1Opinion of the Court
Opinion
FILES, P. J.
This appeal from a municipal court judgment has been transferred here upon certification by the appellate department of the superior court under rule 63, California Rules of Court, to settle a new and important question of law. The question presented is whether under Commercial Code section 2201, subdivision (3) (c), an oral contract for the sale of an automobile is made enforceable by reason of a part payment.
The action was brought by the buyer against the seller, demanding damages for breach of the oral contract. The complaint alleges that defendant, the owner of a 1967…
2Cases cited2 opinions
- Warfield v. BassoCalifornia Court of Appeal · 1923
- Starr v. Freeport Dodge, Inc.New York District Court · 1967
3Cited by9 opinions
- Newfield v. Insurance Co. of the WestCalifornia Court of Appeal · 1984
- Paloukos v. Intermountain Chevrolet Co.Idaho Supreme Court · 1978
- Allied Grape Growers v. Bronco Wine Co.California Court of Appeal · 1988
- Sedmak v. Charlie's Chevrolet, Inc.Missouri Court of Appeals · 1981
- Truex v. Ocean Dodge, Inc.New Jersey Superior Court Appellate Division · 1987
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