Napa Valley Packing Co. v. San Francisco Relief & Red Cross Funds

Good Law
16 Cal. App. 461·1911 Cal. App. LEXIS 280·118 P. 469
Court of Appeal of CaliforniaJune 16, 1911Civ. No. 827.California3,132 words

Opinion

Lead Opinion

Burnett, J.

The original defendants were the finance committee of the Relief and Red Cross Funds, a voluntary association, also certain individuals alleged to have been appointed by the mayor of San Francisco as a committee to relieve the distress caused by the earthquake and fire in San Francisco of April 18, 1906, and the appellant, San Francisco Relief and Red Gross Funds, a corporation. At the trial, on motion of plaintiff, the action was dismissed as to all of the defendants except the appellant. The action was brought to recover the value of certain canned goods alleged to have been sold and delivered on or about April 25, 1906. The gravamen of the complaint is that the plaintiff “sold and delivered, at the special instance and request of the above-named defendants, other than the defendant corporation, to the said defendants, other than the defendant corporation,” the goods; that they were reasonably worth the sum of $6,547.50; “for which said goods, wares and merchandise the above-named defendants, other than the defendant corporation, promised and agreed to pay the reasonable value thereof. That the said defendant corporation did assume all of the obligations and liabilities incurred…

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