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.
Statutes construed
- CCP ยง 1498
Cited by (4)
- HELEN TOWNSEND McDONALD, Claimant and Appellant, v. STRUCTURED ASSET SALES, LLC, Objector and Respondent (2007) 154 Cal. App. 4th 1068
- Estate of MAX A. ELFTMAN, Deceased. OSCAR ELFTMAN, as Executor, etc., Appellant, v. BONNIE W. MERRILL, as Executrix, etc., Respondent (1958) 160 Cal. App. 2d 10
- Estate of OPAL GWYNDOLA MIDDLETON, Deceased. HELEN SCHNIPPER et al., Claimants and Appellants, v. PAUL B. JENSEN, as Public Administrator, etc., Objector and Respondent; HELEN SCHNIPPER et al., Plaintiffs and Appellants, v. PAUL B. JENSEN, as Administrator, etc., Defendant and Respondent (1963) 215 Cal. App. 2d 324
- Estate of EARL H. BRIGGS, Deceased. WOODROW W. BAIRD, as Executor, etc., et al., Petitioners and Appellants, v. ESTHER WOOLF, Objector and Respondent (1964) 230 Cal. App. 2d 592