Butler v. Collins

11 Cal. 391
California Supreme Court·Decided July 1, 1858·Published·Cited by 1 cases

Opinion

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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Butler v. Collins, 11 Cal. 391 (Cal. 1858).

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