Doria

Doria v. International Union, Allied Industrial Workers of America

Good Law
16 Cal. Rptr. 429·196 Cal. App. 2d 22·1961 Cal. App. LEXIS 1543
Court of Appeal of CaliforniaOctober 3, 1961Civ. No. 25251California6,718 words

Opinion

Lead Opinion

Lillie, J.

Doria sued International Union on two promissory notes for $25,000 and $30,000, respectively; the union answered alleging lack of authority in the maker, conditional delivery, and want of consideration, and filed a cross-complaint to recover $25,000 and the value of a Cadillac automobile, and to cancel the two notes. Doria’s answer set up consideration for the notes, the claim of conditional delivery to be violative *27 of the parol evidence rule, and estoppel. All matters were consolidated for trial. A jury was impaneled; after Doria rested his ease a motion for nonsuit was granted. Proceeding on the cross-complaint the jury was waived; after brief testimony of a union witness, judgment was entered in the union’s favor for $25,000 and value of a Cadillac, and canceling the two promissory notes. Doria appeals from the judgments of nonsuit and on the cross-complaint.

Defendant International Union is a national labor organization affiliated with AFL-CIO; Doria was secretary-treasurer and member of the executive board; Earl Heaton was its president. The union is governed by a constitution and laws, which Doria helped write. It provides that the international convention is “the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.