Opinion

Gelhaus v. Nevada Irrigation District

  • 43 Cal. 2d 779
  • 278 P.2d 689
  • 1955 Cal. LEXIS 384
Court
California Supreme Court
Filed
Jan 14, 1955
Status
Published
Author
Carter
On the bench
Traynor, Carter
Cited by
4 cases

The opinion

CARTER, J.

I dissent.

The majority opinion does not give proper effect to the extrinsic evidence which the jury found adequate in con *785 struing the contract as requiring that water be supplied for a fish hatchery.

When this case was before the District Court of Appeal, Third Appellate District, Mr. Justice Schottky of that court prepared a very able and learned opinion which adequately disposes of all of the issues in this case, which opinion was concurred in by Presiding Justice Van Dyke and Mr. Justice Peek of that court. The District Court of Appeal in said opinion held that the trial court erred in granting respondent’s motion for judgment notwithstanding the verdict. It reversed the judgment with directions to the trial court to enter judgment on the verdict. The opinion of the District Court of Appeal is reported in 265 P.2d at page 530. I am in full accord with the views expressed by the District Court of Appeal in said opinion and I adopt the same as my dissent.

Shenk, J., concurred.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.