Coombs

Coombs v. Burk

Good Law
1919 Cal. App. LEXIS 98·40 Cal. App. 8·180 P. 59
Court of Appeal of CaliforniaFebruary 18, 1919Civ. No. 2490.California699 words

Opinion

Lead Opinion

Shaw, J.

Action by plaintiff, as assignee of Los Angeles Gas & Electric Corporation, to recover money upon a contract. At the trial defendant interposed an objection to the reception of any evidence on the part of plaintiff upon the ground that the complaint did not state facts sufficient to constitute a cause of action, in that it appeared therefrom that the contract made the basis of the action was illegal and contrary to public policy. This objection was sustained and judgment entered for defendant, from which plaintiff appeals.

[1] It appears from the complaint, wherein the document is set out in full, that on June 1, 1916, the Los Angeles Gas & Electric Corporation (hereinafter designated the Gas Corporation) , then engaged in furnishing a supply of gas to the city of Los Angeles and its inhabitants, entered into a contract with defendant whereby, for one dollar and the covenants therein contained on the part of defendant, it agreed to furnish and install for his use in said city, three No. 124 waffle irons, three three-burner hot plates, one Eclipse hotel range, three three-burner arcs, four single reflex lights, and 266 feet of pipe; in consideration of which defendant, during the…

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