California Supreme Court, 1858

Butler v. Collins

Butler v. Collins
California Supreme Court · Decided July 1, 1858 · Terry
11 Cal. 391
Butler v. Collins

Opinion of the Court

Terry, C. J., delivered the opinion of the Court—

Field, J., concurring.

The allegations in the complaint are not supported by the evidence; and it is clear, from an examination of the record, that the plaintiff has mistaken his form of action, and that his remedy is in contract and not in tort.

Judgment reversed.

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