Norton

Norton v. Lyon Van & Storage Co.

Good Law
1935 Cal. App. LEXIS 1282·9 Cal. App. 2d 199·49 P.2d 311
Court of Appeal of CaliforniaSeptember 16, 1935Civ. 10076California1,317 words

Opinion

Opinion

Fricke, J.

Appeal by plaintiff from a judgment following the granting of defendants’ motion for a non-suit.

For simplicity the respondent companies, one being the successor of the other, will be referred to herein merely as the “storage' company”. Appellant stored certain furniture and other personal property with the storage company on about June 2, 1930, under an agreement whereby appellant, in addition to a handling charge of $4 and a cartage charge of $5, agreed to pay a storage rate of $4 per month. Shortly thereafter a warehouse receipt was sent by mail to appellant, whose address was then 2316 West Tenth Street, Los Angeles. Nothing was paid' by appellant to respondents for a period of nearly eighteen months, and no attention was paid by him to the bills sent him during this period. On November 14, 1931, the storage company notified appellant that unless payments were made his goods would be sold, and thereupon appellant on December 9, 1931, made a payment of $20 on the account. No further payments being made, the storage company on May 2, 9 and 16, 1932, published a notice of sale of the property for unpaid storage in the Los Angeles Daily Journal, and sent a copy of this notice by…

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