Maier

Southern California Iron & Steel Co. v. Maier

Good Law
1918 Cal. App. LEXIS 592·36 Cal. App. 531·172 P. 615
Court of Appeal of CaliforniaMarch 15, 1918Civ. No. 2115.California417 words

Opinion

Lead Opinion

Conrey, J.

The defendant appeals from a judgment entered against him in the sum of $171.40 as a stockholder in Maier Pier Company, a corporation, on account of a contract whereby merchandise was sold to that corporation at the agreed price of $857.04.

There is only a typewritten transcript of the record. The quotations from pleadings and from evidence, as printed in the briefs, are less complete than they should have been. But by piecing together a scrap found in one brief with other scraps found here and there in the other briefs, together with positive admissions of fact by counsel, we find enough, although barely enough, material for a decision on the merits. It is a dangerous practice for attorneys in preparing their briefs to neglect the provisions of ■ section 953e of the Code of Civil Procedure. We have referred to this matter in many recent decisions.

It was alleged in the complaint “that at the time said debts were contracted, the total number of shares of the capital stock of said corporation, Maier Pier Company, issued, sub scribed, and outstanding, was 77,941 shares.” Without denying this allegation, the defendant denied that at the time mentioned he was a shareholder in the…

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