Opinion

Whitfield v. Jessup

  • 31 Cal. 2d 826
  • 193 P.2d 1
  • 1948 Cal. LEXIS 364
Court
California Supreme Court
Filed
May 6, 1948
Status
Published
Author
Spence
On the bench
Carter, Schauer
Cited by
28 cases

The opinion

*833 SPENCE, J.

I dissent.

The questions presented on this appeal were thoroughly considered and, in my opinion, were correctly decided by the District Court of Appeal when this case came before it. (Whitfield v. Jessup, 81 A.C.A. 52 [ 183 P.2d 133 ].) As shown by the opinion of that court, no notice was given by plaintiffs to defendants until almost 11 months after the purchase of the first raw cream, until over seven months after plaintiff, Dorothy Whitfield, experienced her first symptoms of illness, or until five months and 18 days after plaintiffs had been advised of the nature of such illness. Under these circumstances, the authorities cited by the District Court of Appeal show that the trial court properly granted the nonsuit since it appeared, as a matter of law, from the uncontradicted evidence that plaintiffs had failed to give the required notice “within a reasonable time.” (Civ. Code, § 1769.) I am therefore of the opinion that the judgment should be affirmed.

Edmonds, J., concurred.

Respondents’ petition for a rehearing was denied June 3, 1948. Schauer, J., and Spence, J., voted for a rehearing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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