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McFARLAND v. VOORHEIS-TRINDLE CO.

Docket No. L.A. 25428.

52 Cal.2d 698 (1959)

343 P.2d 923

EMMETT W. McFARLAND, Appellant, v. VOORHEIS-TRINDLE COMPANY (a Corporation), Respondent.

Supreme Court of California. In Bank.

September 18, 1959.

Attorney(s) appearing for the Case

Rose, Klein & Marias, Victor C. Rose and Robert P. Dockeray for Appellant.

Ernest L. Graves as Amicus Curiae on behalf of Appellant.

Von Herzen & Laidig, Samuel L. Laidig and C.P. Von Herzen for Respondent.

THE COURT.

This is an appeal from a judgment for the defendant notwithstanding a verdict for $75,000 in favor of the plaintiff for damages for personal injuries and from an order granting a new trial.

In May 1954 the defendant entered into an oral contract with the Los Angeles Tractor and Equipment Company for the clearing and grading by the tractor company of 14 acres of hilly, brush-covered land owned by the defendant. The tractor company agreed to furnish...

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