Beall

Beall v. Bekins Van & Storage Co.

Good Law
1917 Cal. App. LEXIS 247·33 Cal. App. 652·166 P. 370·166 P.2d 370
Court of Appeal of CaliforniaMay 12, 1917Civ. No. 1820.California1,000 words

Opinion

Lead Opinion

Works, J.

This is an appeal from the judgment and from an order denying a motion for a new trial.

Appellant and respondent entered into a contract pursuant to which the latter delivered to the former, in two separate lots, certain goods and household effects, all of which were to have been shipped, at the same time, to Lillis, California. On the day that the Van and Storage Company received the second lot of goods it did not deliver them, together with the first lot,- to the Southern Pacific Company, as Beall claims it was its duty to do, but stored them in its warehouse for safekeeping overnight. The warehouse was destroyed by fire before the next morning and Beall’s property with it. This action was brought to recover the value of the articles and judgment went for Beall. -

Under certain very general specifications of particulars, to the sufficiency of which respondent objects, appellant claims that the findings are not supported by the evidence. No one finding is pointed out as lacking such support, but the assault is upon them in general. There are twenty-eight findings and but four specifications of particulars. The language of each of the latter it is most difficult to apply to any…

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