Hardy v. Admiral Oil Co.
California Supreme Court
1Opinion of the CourtSchauer, J.
Defendant appeals from a judgment for plaintiff on the pleadings in an action to recover a down payment on a contract for the sale of certain oil and gas leases.
Defendant contends that the judgment was erroneous because its third amended answer raised a material issue (1) by a denial of the alleged breach of contract and (2) by an affirmative allegation of facts contrary to those alleged in the complaint as the basis of the cause of action. We have concluded that defendant’s contention is without merit and that the judgment should be affirmed.
The complaint is in two counts. In the first it is…
2Cases cited12 opinions
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- Carlson v. LindauerCalifornia Court of Appeal · 1953
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