Oat Valley Lumber Co. v. The Stoneson Development Corp.

Good Law
10 Cal. Rptr. 48·188 Cal. App. 2d 52·1961 Cal. App. LEXIS 2391
Court of Appeal of CaliforniaJanuary 6, 1961Civ. No. 9803California1,683 words

Opinion

Lead Opinion

Dyke, J.

This is an appeal from a judgment which awards a recovery of $132,773.05 in favor of Oat Valley Lumber Company against The Stoneson Development Company and which decrees that Stoneson recover nothing on its cross-complaints against Oat Valley Lumber Company, San Bruno Lumber Company, Inc., Arnold Sleveland and James Cagle, individually and as copartners doing business under the firm name of Oat Valley Lumber Company, a copartnership, H. H. Bowden, doing business as H. H. Bowden Lumber Company, and Mario Ottonello.

The litigation began with the filing by Oat Valley Lumber Company, a corporation, of an action against Stoneson for the agreed price of 63 loads of lumber alleged to have been sold and delivered to Stoneson during the period between May 16, 1956, and October 5, 1956. Stoneson answered denying generally all the allegations of the complaint. It also filed a cross-complaint against Oat Valley Lumber Company, a copartnership, predecessor of Oat Valley Lumber Company, a corporation ; against Oat Valley Lumber Company, a corporation; and Sleveland and Cagle seeking recover of $100,000 damages based on allegations of fraud. It cross-complained further against San Bruno Lumber…

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