# Wittenbrock v. Cass

> California Supreme Court · November 7, 1895 · 110 Cal. 1

URL: https://www.frixlaw.com/law-library/cases/5447785

## Case

- **Full name:** GEORGE F. WITTENBROCK v. WILLIAM H. CASS, Administrator, etc., D. E. ALEXANDER, Intervenors
- **Court:** California Supreme Court
- **Decided:** November 7, 1895
- **Citations:** 110 Cal. 1; 42 P. 300; 1895 Cal. LEXIS 1006
- **Precedential status:** Published
- **Opinion:** Concurrence by McFarland
- **Judges:** Belcher, McFarland
- **Cited by:** 23 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5447785

## How later opinions describe it (automated extraction)

- holding that, in 7 “the rare case where the insured tenders the defense and 8 then negotiates a settlement on its own, leaving the insurer 9 in the dark,” the insured’s breach “relieved the insurer of 10 posttender costs, too, including the settlement”

## Opinion text

McFarland, J.,
concurred on the authority of Bury v. Young, supra, which must now be taken as final on the subject.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5447785. Public record. Not legal advice.