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Full-Text Articles in Law
Guerrieri V. Severini, Jesse W. Carter
Guerrieri V. Severini, Jesse W. Carter
Jesse Carter Opinions
Where seller repudiated a contract for goods, buyer had the right to treat the declaration as a wrongful renunciation of the contract and obtain similar goods to fulfill the obligation, then seek damages from the seller for the increased cost.
West Covina Enterprises, Inc. V. Chalmers [Dissent], Jesse W. Carter
West Covina Enterprises, Inc. V. Chalmers [Dissent], Jesse W. Carter
Jesse Carter Opinions
An architect was entitled to repudiate a contract to render services in connection with the hospital corporation's construction of an addition because California law required that architects who provided plans for hospitals be licensed by the state.
Fox V. Aced [Dissent], Jesse W. Carter
Fox V. Aced [Dissent], Jesse W. Carter
Jesse Carter Opinions
Although there had been a breach of a real property exchange agreement because of the failure of one party to deliver property to the other, the damages award was improper because the award was based in part on bad faith that was not shown.
Lewis & Queen V. N. M. Ball Sons [Dissent], Jesse W. Carter
Lewis & Queen V. N. M. Ball Sons [Dissent], Jesse W. Carter
Jesse Carter Opinions
Where subcontractor undertook contracting work and only one of its partners had contracting license it was in violation of state licensing laws and because it did not have a license, it was not entitled to maintain an action for compensation.
Desny V. Wilder [Dissent], Jesse W. Carter
Desny V. Wilder [Dissent], Jesse W. Carter
Jesse Carter Opinions
Corporate secretary's demand that free-lance writers submit synopsis of proposed photoplay was a corporate act, and thus an implied-in-fact contract could arise during secretary/writer's telephonic conversation.
Oosten V. Hay Haulers Dairy Employees & Helpers Union, Jesse W. Carter
Oosten V. Hay Haulers Dairy Employees & Helpers Union, Jesse W. Carter
Jesse Carter Opinions
A creamery whose employees refused to accept milk provided under contract by a milk producer, who signed with a different union, was liable for breach of contract and damages to cover the lower price the milk producer subsequently received elsewhere.
Budget Finance Plan V. Sav-On Food Club, Inc. [Dissent], Jesse W. Carter
Budget Finance Plan V. Sav-On Food Club, Inc. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Assignor's liability on contract was direct where assignor had agreed that, on default of buyer, suit could have been brought against it independent of whether assignee sued buyer and independent of whether assignee repossessed a freezer.
Gelhaus V. Nevada Irrigation Dist. [Dissent], Jesse W. Carter
Gelhaus V. Nevada Irrigation Dist. [Dissent], Jesse W. Carter
Jesse Carter Opinions
In a breach of contract action, fish hatchery owners were not entitled to recover for the loss of fish from an irrigation district as the contract to supply water provided the fish hatchery owners could not use the water for non-irrigation purposes.
Oliver V. Campbell, Jesse W. Carter
Oliver V. Campbell, Jesse W. Carter
Jesse Carter Opinions
Since appellant had completed performance prior to discharge by the decedent, he was entitled to recover compensation in the amount called for in the written contract still owed to him by decedent for performance rendered.
Dawson V. Goff, Jesse W. Carter
Dawson V. Goff, Jesse W. Carter
Jesse Carter Opinions
Change of venue was appropriate in breach of contract action where transferee county was where contract was made and where defendant purchasers resided; binding option contract was made in county where executed, not in county where accepted.
Chastain V. Belmont, Jesse W. Carter
Chastain V. Belmont, Jesse W. Carter
Jesse Carter Opinions
There was insufficient evidence to support the finding that a purchase and sale contract between an orange grower and a shipper extended a guarantee of a certain amount per box to the next years crop of oranges.
Weitzenkorn V. Lesser [Dissent], Jesse W. Carter
Weitzenkorn V. Lesser [Dissent], Jesse W. Carter
Jesse Carter Opinions
In action for misappropriation of plaintiff's literary composition through the production of a movie by defendants, the court upheld the demurrers on a count based upon express contract and on a implied in fact contract.
Better Food Markets, Inc. V. American Dist. Tel. Co. [Dissent], Jesse W. Carter
Better Food Markets, Inc. V. American Dist. Tel. Co. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Because parties reasonably agreed that in all cases of breach of a contract by respondent the damages would be fixed and that such compensation was a fair average, the contract's liquidation clause was valid under the circumstances.
Atkinson V. Pacific Fire Extinguisher Co. [Dissent], Jesse W. Carter
Atkinson V. Pacific Fire Extinguisher Co. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Liquidated damages provision in lease agreement covering alarm company's installation and maintenance of a fire detection system in a business, which limited alarm company's liability for breach of contact to $ 25, was valid and enforceable.
Franck V. J. J. Sugarman-Rudolph Co., Jesse W. Carter
Franck V. J. J. Sugarman-Rudolph Co., Jesse W. Carter
Jesse Carter Opinions
Claims by buyers who waited over three years to assert their damage claims for the alleged breach of a contract guarantee were time barred because the claimed breach was not made within a reasonable amount of time.
L. B. Laboratories, Inc. V. Mitchell, Jesse W. Carter
L. B. Laboratories, Inc. V. Mitchell, Jesse W. Carter
Jesse Carter Opinions
An accountant's failure to file income tax returns in a timely manner was actionable as a breach of contract, not solely as negligence, and the client did not have to present expert evidence as to professional standards to prove untimely filing.
Culver City V. Superior Court Of Los Angeles County [Dissent], Jesse W. Carter
Culver City V. Superior Court Of Los Angeles County [Dissent], Jesse W. Carter
Jesse Carter Opinions
When city violated injunction which required it to contribute to the costs of new sewage facilities, city's inability to agree to a contract with the sewage treatment provider was not a reasonable excuse, and city and its council were in contempt.
Potter V. Pacific Coast Lumber Co. [Dissent], Jesse W. Carter
Potter V. Pacific Coast Lumber Co. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Where a seller of lumber cashed checks that were expressly labeled as having been in full settlement of disputed accounts due from the purchaser, an accord and satisfaction occurred, and the seller was estopped to deny the effect of his actions.