GENERAL PETROLEUM CORPORATION OF CALIFORNIA v. CITY OF LOS ANGELES (1937)

Supreme Court of California.

GENERAL PETROLEUM CORPORATION OF CALIFORNIA v. CITY OF LOS ANGELES et al.

Civ. 11410.

Decided: October 14, 1937

Martin J. Weil, W. L. Appleford, for appellant. Ray L. Chesebro, City Atty., Frederick von Schrader, Asst. City Atty., and Bourke Jones, Deputy City Atty., for respondent.

The petition for hearing is denied. We withhold, however, our approval of the last paragraph of the opinion wherein it is held that the defense of ultra vires is not available to a municipal corporation unless it is pleaded.

PER CURIAM.

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