Pike

Pike v. Psihogios

Good Law
1924 Cal. App. LEXIS 203·68 Cal. App. 145·228 P. 722
Court of Appeal of CaliforniaJuly 11, 1924Civ. No. 4013.California1,755 words

Opinion

lead Opinion

Curtis, J.

This action was instituted to recover the purchase price of certain personal property sold by plaintiff to defendant, also to- foreclose a chattel mortgage given to plaintiff by defendant.. The defendant set up as a defense to said action certain so-called affirmative defenses and counterclaims. Judgment was rendered in favor of plaintiff upon the two causes of action set out in his complaint, and the court also rendered judgment in favor of the defendant upon four of the counterclaims set out in his answer, and deducted the amount found due on these four counterclaims from the amount found due plaintiff upon his two causes of action, and rendered judgment in favor of plaintiff for the difference. Plaintiff concedes that the action of the trial court in its finding upon one of said counterclaims was proper, but has appealed from that portion of said judgment in defendant’s favor, upon the other three counterclaims, and contends that the evidence was not sufficient to justify the court in finding in defendant’s favor upon these three counterclaims.

The three counterclaims, the allowance of which is objected to by plaintiff on this appeal, are designated as follows in defendant's…

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