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Mix v. Miller

G. L. MIX v. HENRY MILLER

Mix v. Miller, 57 Cal. 356 (1881)
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Court
California Supreme Court · State Highest Courts
Decided
July 1, 1881
Docket
No. 6,638
Citations
57 Cal. 356
Syllabus
Interest—Damages.—In an action upon quantum meruit, the Court found that on a specified day a certain sum was due the plaintiff. Meld, that he was entitled to interest from said day.
Summary
Appeal from a judgment, and order denying a new trial, in the Twelfth District Court, City and County of San Francisco. Daixgerfield, J. After the decision, the appellant filed his petition that the appeal be reheard in Bank, and the application was denied.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

The Court:

This was an action to recover the value of services for making a search and abstract of the Las Animas rancho, and for money expended for traveling expenses, stationery, board, and assistants.

The Court below found, among other facts, that the work was completed in a workmanlike and professional manner, on the 20th of September, 1876; that the abstract was on that day delivered to the defendant, who received the same and was satisfied with it; that the services rendered were reasonably worth $10,000; that there had been paid on account of them $2,800, leaving due and unpaid a balance of $7,200 on the 20th day of September, 1876, for which, with interest from that date, judgment was entered for the plaintiff.

It is assigned as errors: That there was a defect of parties plaintiff; that the findings are not justified by the evidence; *357 and that the Court erred in allowing interest. Upon the first two grounds there is a substantial conflict of evidence. Plaintiff was entitled to interest from the day that his demand became due. (§ 3287, Civ. Code.)

Judgment and order affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1895: 11906: 11911: 11916: 11919: 11926: 11929: 11933: 118952026peak 1895 · 1

Relies on it most ⓘ

  1. Hansen v. Covell24 P.2d 772 (Cal. 1933)
  2. Keyes v. Nims184 P. 695 (Cal. Ct. App. 1919)
  3. Courteney v. Standard Box Co.117 P. 778 (Cal. Ct. App. 1911)
  4. Easterbrook v. Farquharson42 P. 811 (Cal. 1895)
  5. City of Chickasha v. Hollingsworth1916 OK 223, 155 P. 859
  6. Manley v. Pacific Mill & Timber Co.250 P. 710 (Cal. Ct. App. 1926)

Most recent

  1. Hansen v. Covell24 P.2d 772 (Cal. 1933)
  2. McIntyre v. Hicks280 P. 543 (Cal. Ct. App. 1929)
  3. Manley v. Pacific Mill & Timber Co.250 P. 710 (Cal. Ct. App. 1926)
  4. Keyes v. Nims184 P. 695 (Cal. Ct. App. 1919)
  5. City of Chickasha v. Hollingsworth1916 OK 223, 155 P. 859
  6. Courteney v. Standard Box Co.117 P. 778 (Cal. Ct. App. 1911)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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