Blank

Blank v. Rodgers

Good Law
1927 Cal. App. LEXIS 715·82 Cal. App. 35·255 P. 235
Court of Appeal of CaliforniaMarch 24, 1927Docket No. 5467.California3,752 words

Opinion

lead Opinion

Campbell, J.

pro tem. — Defendant, cross-complainant, and appellant has appealed from a judgment entered against her in the sum of $3,083.74, assigning four reasons why the judgment should be reversed by this court: 1. That the complaint does not state a cause of action and the findings do not support the judgment for the reason that the complaint and findings both proceed upon the theory of the breach of a special contract, or the failure of consideration for that contract, and as the contract alleged was void there could have been no breach of it or consideration for it; 2. That there is no evidence in the record of the existence of the agreement because the evidence consists of declarations of an agent who thereby sought, first, to establish his agency, secondly, to prove the agreement, and thirdly, whose testimony is itself contrary to the very material parts of the agreement found; 3. That the cases relied upon do not support the judgment here; 4. That in any event a recovery here must be limited to whatever was done before September 10, 1921, because on that date the alleged agreement was fully repudiated, and it is the law that a party has a right to repudiate an agreement void under…

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