(DOWNLOAD) "Maselli V. Appleby" by Third Appellate District District Court Of Appeal Of California " Book PDF Kindle ePub Free
eBook details
- Title: Maselli V. Appleby
- Author : Third Appellate District District Court Of Appeal Of California
- Release Date : January 05, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
This is an appeal from an order denying a motion to change the place of trial. Appellant is a California corporation. Respondent, Maselli, filed an action against appellant in the Superior Court of Glenn County. By Count One respondent sought a money judgment in the sum of $2,990.10. He alleged that he and the appellant corporation had entered into an oral agreement whereby respondent was to crush, and process into oil, olives to be delivered by appellant at respondent's plant in Glenn County at an agreed price of $18 per ton; that this work was to be done and the price was to be paid in Glenn County; that pursuant to the contract respondent processed 172.33 tons of olives and delivered the oil therefrom to appellant; that appellant had paid only the sum of $110.04 on a total debt of $3,100.14, leaving the sum sued for unpaid. Respondent also included in his complaint a so-called second and separate cause of action, being a common count for the recovery of $2,990.10. He alleged a debt of $3,100.14, being for the reasonable value of work, labor and services done at appellant's request "in the crushing and processing of olives"; he allowed the same credit of $110.04 and asked for the same recovery, as in the first count. Respondent also included a so-called third and separate cause of action in which he sought recovery upon a balance on a mutual, open and current book account alleged to be owing to him from appellant "for the crushing and processing of olives" at appellant's request and at an agreed price. The same credit was allowed
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