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2 Cal. Unrep. 173

Dyer v. Ryan

California Supreme Court

Decided April 18, 1883

California Supreme Court · decided 1883-04-18

<p>Action—Preliminary Demand for Excessive Sum.—In an action on a contract demand may not be made for a sum exceeding what the contract calls for.1</p>

Relies on Dyer v. Chase

Decided 1883-04-18

By the COURT.

¶1This case is similar to Dyer v. Chase, 52 Cal. 440. A larger sum was demanded than was legally due under the contract, and, for the reasons stated in that case, the judgment is reversed and cause remanded.

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