Stevens

Stevens v. Parkford

Good Law
1920 Cal. App. LEXIS 374·48 Cal. App. 131·291 P. 699
Court of Appeal of CaliforniaJune 10, 1920Civ. No. 2785.California1,070 words

Opinion

Lead Opinion

Shaw, J.

insisting that the findings are not supported by the evidence, appeals from a judgment entered in favor of defendants.

The complaint sets forth three causes of action. By the first count it is alleged that in December, 1914, plaintiff sold, delivered, and installed in defendants’ hotel, known as the Casa Blanca Hotel, certain described cooling-boxes for which defendants .agreed to pay him the sum of $537.50, all of which is unpaid. The second count declares upon a written contract, dated October 21, 1914, under and pursuant to which it is alleged that plaintiff furnished and installed in said hotel a one-ton refrigerating plant and appurtenances to be used in connection therewith, for which defendants agreed to pay the sum of $763, no part of which has been paid. The third count is for $17.50, alleged to be due for a pump and oil sold defendants, as to which, since judgment therefor was rendered in favor of plaintiff, there appears to be no controversy.

While the court found that plaintiff furnished and properly installed the cooling-boxes for which defendants agreed to pay him the sum of $537.50, it further found that payment therefor so to be made by defendants was conditional…

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