Normart

Normart v. Safer

Good Law
1924 Cal. App. LEXIS 438·67 Cal. App. 507·227 P. 943
Court of Appeal of CaliforniaMay 27, 1924Civ. No. 2704.California4,539 words

Opinion

Lead Opinion

Hart, J.

This action is in claim and delivery. The complaint, which was filed? on the twenty-first day of Sep tember, 1922, alleges that the plaintiff was, at all times mentioned therein, the owner and entitled to the possession of four tons of Thompson Seedless and Sultana raisins and three tons of grapes of the same varieties, and also a crop of almonds, all of which were and are of the value of three thousand dollars; that within “one year last past,” in the county of Colusa, without the consent of plaintiff, the defendants Crosby and Safer took and detained said personal property from the possession, of plaintiff; that plaintiff, prior to the commencement of this action, demanded of defendants possession of said personal property, that the latter have failed and refused and still fail and refuse to do so, and that they “still wrongfully withhold and detain said personal property, to the plaintiff’s damage in the sum of #3,000.”

The prayer is for the delivery of the possession of said property to plaintiff, or, in case said delivery cannot be had, that he have and recover judgment for the sum of three thousand dollars, the value thereof, etc. The defendant, Safer, failed to answer the…

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