Spencer v. Barnes
California Court of Appeal
APPEAL from a judgment of the Superior Court of Los Angeles County and from an order refusing a new trial. Curtis D. Wilbur, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
This action grew out of an alleged agreement between plaintiff and defendant whereby, as copartners, they consummated a sale of certain iron mining properties, defendant receiving and appropriating to his own use the commission or profits derived from the making of such sale. The suit is to recover a specified sum and for an accounting.
Judgment went for plaintiff, from which, and an order denying his motion for a new trial, defendant prosecutes this appeal.
It appears that in June, 1907, plaintiff was a resident of Tucson, Arizona, where he was engaged in some mining venture. Defendant resided…
2Cases cited5 opinions
- Clark v. HewittCalifornia Supreme Court · 1902
- Van Tine v. HilandsU.S. Circuit Court for the District of Southern New York · 1904
- Anglo-Californian Bank, Ltd. v. CerfCalifornia Supreme Court · 1905
- Kellogg v. LewisSupreme Court of Kansas · 1882
- Myers v. WinnIllinois Supreme Court · 1854
3Cited by3 opinions
- Prince v. HartingCalifornia Court of Appeal · 1960
- Hammer v. WhiteCalifornia Court of Appeal · 1949
- Gentry v. CitronCalifornia Court of Appeal · 1918