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187 Cal. 785

204 P 214

Stark v. Shemada

California Supreme Court

Decided January 27, 1922

California Supreme Court · decided 1922-01-27

<p>APPEAL from a judgment of the Superior Court of Los Angeles County. Leslie R Hewitt, Judge. Reversed.</p> <p>The facts are stated in the opinion of the court.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1922-01-27

How this case has been cited

Cited by 11 later decisions — most recently February 1953

11 state decisions

401922193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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WILBUR, J.,

¶1 Concurring.—I concur.

¶2 Under sections 3308. and 3314 of the Civil Code the measure of damages for the failure to deliver personal prop *790 erty sold is fixed by law and thus rendered definite and certain. The parties cannot, by stipulation or agreement that such damages are in fact uncertain, nor can the court by so finding, render uncertain that which the law has thus fixed.

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