Basedan v. Jackson

OPINION OF THE COURT

Memorandum.

Judgment reversed without costs and action dismissed.

Substantial justice was not done between the parties in accordance with the rules and principles of substantive law (CCA 1804, 1807) in this small claims action seeking payment of per diem rent for the defendant seller’s holding over past the date upon which possession of the real property at issue was to be delivered to the plaintiff buyer. The $800 claim at issue herein should have been raised in a prior small claims action between plaintiffs wife (also a party to the contract of sale) and defendant herein…