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70 Cal. 335

Barley v. Buell

California Supreme Court

Decided July 30, 1886

California Supreme Court · decided 1886-07-30

The action was brought to recover ten thousand dollars from the defendant as commissions in securing a loan.

Cited by 1 later decisions — most recently February 1934

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1886-07-30

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Belcher, C. C.

¶1This action was commenced to recover the sum of ten thousand dollars for services alleged to have been rendered by the plaintiff in procuring a loan for the defendant.

¶2The defendant demurred to the complaint, and his demurrer being overruled, answered.

¶3The case was tried by a jury, and a verdict returned in favor of the plaintiff for three thousand dollars, on which judgment was entered.

¶4The appeal is from the judgment, and rests upon the judgment roll.

¶5It is claimed for the appellant that the complaint was insufficient, and that the court erred in overruling the demurrer. The complaint was undoubtedly somewhat ambiguous, but it was not demurred to on that ground. In our opinion, it stated a cause of action for the three thousand dollars recovered, and that the alleged promise to pay that sum was based upon a sufficient consideration.

¶6We think the judgment should be affirmed.

¶7Foote, 0., and Searls, 0., concurred.

The Court.

¶8For the reasons given in the foregoing opinion, the judgment is affirmed.

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