Alvarado v. De Celis (1880) · DecisionDepot

Alvarado v. De Celis

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1880 No. No. 5,799Published

Before: Department, Thornton

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Holding. The court properly granted a new trial because the trial court erred in granting a nonsuit when there was sufficient evidence to submit the issue of whether the commission was earned to the jury.

Issues

Whether the trial court erred in granting a nonsuit.
Whether the trial court properly granted a new trial.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The Court had improperly granted a nonsuit. There was evidence admitted which should have gone to the jury, upon the issue, whether the commission sued for had been earned by the plaintiffs under their contract with defendant.”

Synopsis

Nonsuit—Hew Trial.

Department No. 2, Thornton, J.: In this cause the Court granted a nonsuit on motion of defendant. The plaintiffs moved for a new trial, which was granted. The appeal is from the order granting a new trial.

The Court had improperly granted a nonsuit. There was evidence admitted which should have gone to the jury, upon the issue, whether the commission sued for had been earned by the plaintiffs under their contract with defendant.

There was no error in the order appealed from, and it is affirmed.

Myrick J., and Sharpstein J., concurred.

Alvarado v. De Celis

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