Oakland Barge & Lighter Co. v. Foster
California Court of Appeal
APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from an order refusing a new trial. E. P. Mogan, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtLennon, P. J.
Briefly stated, the complaint in this action of claim and delivery alleged that the plaintiff had leased to the defendant a barge of the value of sixteen hundred dollars at a rental of seventy-five dollars per month; that the defendant refused to .pay the second month’s rent, and refused and failed upon demand to return the barge to plaintiff. The defendant in his answer admitted that he had failed to return the barge to plaintiff; but pleaded as a defense to the action that he was prevented from doing so because the barge, while in use upon San Francisco Bay, was driven ashore and wrecked as…
2Cited by3 opinions
- Price v. PriceCalifornia Court of Appeal · 1945
- Gebert v. YankCalifornia Court of Appeal · 1985
- Carstensen v. GottesburenCalifornia Supreme Court · 1932