Terry v. Schwartz
Terry v. Schwartz
Opinion of the Court
Plaintiff sues for $312.50, balance due and unpaid on the sale and delivery by plaintiff to defendants of one Byron-Jackson circulating pump. Defendant Hamblin defaulted. Defendant Schwartz answered, denying the debt. Trial was had before a jury. The verdict was for plaintiff. Judgment was entered thereon. A motion for new trial was denied and defendant Schwartz appeals.
Defendant Schwartz contends that the evidence was insufficient to support the judgment. In commenting on that contention we are here concerned only with the evidence most favorable to plaintiff. (Bellman v. San Francisco H. S. Dist., 11 Cal.2d 576, 581 [81 P.2d 894].)
In general substance that evidence shows: that early
On these facts and the inferences which might properly be drawn therefrom, we are satisfied the jury was justified in concluding that defendant Schwartz ordered and agreed to pay for the pump and that in accordance therewith the pump was actually delivered to the possession of defendant Schwartz and that Schwartz assumed dominion over it with the understanding and intent that he, Schwartz, was to pay for it. The fact that Schwartz may have intended to ultimately rest the title in Hamblin would not change the legal relationship of Schwartz and plaintiff.
There was, in addition, ample other evidence to corroborate various vital points in the foregoing. We are satisfied that the evidence was sufficient to support the verdict.
There are certain contentions of error regarding the admission of alleged hearsay evidence. We have read the entire record and we are satisfied that there was no prejudicial error.
The judgment is affirmed.
Griffin, Acting P. J., and Mussell, J., concurred.
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Appellant’s petition for a hearing by the Supreme Court was denied July 6, 1950.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.