STOTT v. JOHNSTON

Docket No. S.F. 18222.

36 Cal.2d 864 (1951)

229 P.2d 348

REO D. STOTT, Respondent, v. THOMAS JOHNSTON, Appellant.

Supreme Court of California. In Bank.

March 30, 1951.


Attorney(s) appearing for the Case

Hill, Farrer & Burrill, Hill, Morgan & Farrer, Elliott H. Pentz and David A. Thomas for Appellant.

Frederick L. Hewitt, Edward E. Heavey and Robert L. Dreyfus for Respondent.


SPENCE, J.

Alleging a breach of warranty by reason of the sale of defective paint for use in his business, plaintiff, a painting decorator, recovered judgment upon a verdict against defendant Thomas Johnston, doing business as Johnston Paint Company, in the sum of $10,000. On appeal, defendant argues: (1) that the evidence was insufficient to establish any liability on the part of defendant; and (2) that the evidence was insufficient to sustain the amount of damages...

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