Pitzel v. Maier Brewing Co.
California Court of Appeal
APPEAL from a judgment of the Superior Court of Los Angeles County. Frederick W. Houser, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtJames, J.
Plaintiff brought this action to recover a large sum of money alleged to have been paid to defendant through mistake. The cause of action as alleged rested upon a certain written contract which in the part most material to the alleged right of recovery referred to the purchase by plaintiff from defendant of beer. In this contract it was agreed that beer sold by defendant to plaintiff should be at the prevailing market price, whereas plaintiff alleged that he had paid the sum of eight dollars per barrel for the beer when in fact the market price was seven dollars per barrel, and that he made…
2Cases cited3 opinions
- Herbert Kraft Co. v. BryanCalifornia Supreme Court · 1903
- Jones v. IversonCalifornia Supreme Court · 1900
- San Francisco Paving Co. v. FairfieldCalifornia Supreme Court · 1901
3Cited by3 opinions
- Grand Central Public Market, Inc. v. United StatesDistrict Court, S.D. California · 1938
- Youdall v. KaufmanCalifornia Court of Appeal · 1921
- Tucker v. HoweCalifornia Court of Appeal · 1934