ALLEN V. JONES
104 Cal.App.3d 207 (1980)
NATURE OF THE CASE: This was a breach of contract action.
FACTS: P entered into an oral contract with D to cremate the remains of P's deceased
brother and ship those remains from California to Illinois. P paid D $516. When the remains
arrived the package was empty. P suffered great shock and mental anguish and humiliation.
The trial court sustained demurrers and on appeal, the court of appeals reversed on the
negligent performance claim but affirmed the decision on the intentional infliction of
emotional distress and deceit. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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