Daley v. Russ
California Supreme Court
Appeal from, an order of the Superior Court of the city and county of San Francisco refusing a new trial. The facts are stated in the opinion.
1Opinion of the Court
Hayne, C.
— This was an action to recover four thousand dollars, as brokerage, for negotiating a loan. The plaintiff was nonsuited, and he appeals from an order denying his motion for a new trial.
We think that the plaintiff failed to prove the case set forth in his complaint. The contract, which was annexed to the complaint, was as follows: “This agreement, made this the nineteenth day of November, 1881, by and between C. C. E. Russ and F. M. Biber, parties of the first part, and John H. Daley, party of the second part, witnesseth: That whereas, said parties of the first part are in want of…
2Cases cited14 opinions
- Baker v. JosephCalifornia Supreme Court · 1860
- Lanitz v. KingSupreme Court of Missouri · 1887
- Miller v. LucoCalifornia Supreme Court · 1889
- O'Connor v. DingleyCalifornia Supreme Court · 1864
- Nightingale v. ScannellCalifornia Supreme Court · 1861
9 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Lawless v. CalawayCalifornia Supreme Court · 1944
- Kirk v. CulleyCalifornia Supreme Court · 1927
- Loral Corp. v. MoyesCalifornia Court of Appeal · 1985
- Smalley v. Rio Grande Western Ry. Co.Utah Supreme Court · 1908
- Rudd v. ByrnesCalifornia Supreme Court · 1909
47 more not listed; retrieve them via the Exa API.