Miller v. California Trust Co.

15 Cal. App. 2d 612 ·

California Court of Appeal · Filed

Published · citable Cited by 4

Holding

The court held that a probate court's order partially allowing and partially rejecting a claim after a reference proceeding under Probate Code section 718 did not constitute a final, appealable judgment on the merits for the rejected portion and was therefore not res judicata. It further held that the underlying transaction was an alternative contract, not a liquidated damages agreement, permitting the debtor to satisfy the obligation either by returning borrowed stock or paying its fixed value.

Cited by (4)

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