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34 Cal. 2d 863

Jones v. Pollock

California Supreme Court

Decided March 14, 1950

California Supreme Court · decided 1950-03-14

Relies on McCluskey v. Ware · 31 Cal. 2d 350 - Edwards v. Billow · 30 Cal. 2d 517 - Palmtag v. Danielson

Good law ✅— No negative treatment on recordhow we know

Decided 1950-03-14

How this case has been cited

Cited by 34 later decisions — most recently October 1982 · most notably 23 Cal. 3d 180 - Doers v. Golden Gate Bridge, Higway & Transportation District (1979), 216 Cal. App. 2d 213 - Bertero v. Superior Court of Los Angeles County (1963)

34 state decisions

1601950196019701980decided

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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SCHAUER, J.

¶1I dissent. Obviously the contract is ambiguous. The parties differ in their respective interpretations of it; justices of this court differ among themselves and the majority differ from the trial judge; the whole burden of the controversy is the construction to be placed on the uncertain contract. Perusal of the 946 pages of reporter’s transcript, together with the several exhibits, discloses evidence competent and ample in every respect to support the trial court’s construction of the ambiguous contract. If we follow the law, the trial court’s construction should prevail. (Edwards v. Billow (1948), 31 Cal.2d 350, 359 [188 P.2d 748]; Palmtag v. Danielson (1947), 30 Cal.2d 517, 522 [183 P.2d 265]; Estate of Rule (1944), 25 Cal.2d 1, 11 [152 P.2d 1003, 155 A.L.R. 1319].) The findings, liberally construed to support the judgment, are not in my view inadequate as a matter of law. I would, therefore, affirm the judgment.

¶2Respondents’ petition for a rehearing was denied April 11, 1950. Schauer, J., voted for a rehearing.

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