Mier

Mier v. Southern California Ice Co.

Good Law
56 Cal. App. 512·206 P. 83
Court of Appeal of CaliforniaFebruary 17, 1922Civ. No. 3508.California2,641 words

Opinion

Lead Opinion

Finlayson, J.

This is an action to recover damages for the conversion by defendants of a crane and its equip ment. The complaint alleges that the crane was sold to plaintiff by defendants under an agreement to make delivery when requested. The case, which was tried before a jury, was submitted upon the evidence adduced by plaintiff, defendants having elected not to present any evidence. The jury returned a verdict for the plaintiff, assessing his damages in the sum of $600. From a judgment on that verdict, defendants appeal, contending that the evidence is insufficient to justify the verdict in that there was no evidence of a conversion, or of a demand for the return of the property, or of damages to plaintiff, and that the court erred in excluding a certain document that was offered by defendants on their cross-examination of plaintiff, and likewise in giving certain instructions.

The evidence, which is without conflict, discloses the following facts: The defendant Los Angeles Ice and Cold Storage Company—hereafter, for brevity, referred to as the Los Angeles Company—is a corporation with its principal place of business in the city of Los Angeles. The other defendant, the Southern California…

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