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Dyer v. Ryan

2 Cal. Unrep. 173 Court Cal. Decision date 1883-04-18 Docket No. 7576 English

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p. 173
DYER, Respondent, v. RYAN et al., Appellants.
No. 7576;
April 18, 1883.

Headnote

Action—Preliminary Demand for Excessive Sum.—In an action on a contract demand may not be made for a sum exceeding what the contract calls for.[1]
APPEAL from Superior Court, San Francisco.
Campbell, Fox & Campbell and Whittemore & McKee for appellants; Wood and Bates for respondent.

This case is similar to Dyer v. Chase, 52 Cal. 440 . A larger sum was demanded than was legally due under the contract, and, for the reasons stated in that case, the judgment is reversed and cause remanded.

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