Butler v. Collins
California Supreme Court Jul 1, 1858Published
Before: Terry
Synopsis
Appeal from the District Court of the Sixth Judicial District, County of Sacramento.
Terry, C. J., delivered the opinion of the Court— Field, J., concurring.
The allegations in the complaint are not supported by the evidence; and it is clear, from an examination of the record, that the plaintiff has mistaken his form of action, and that his remedy is in contract and not in tort.
Judgment reversed.
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