Allen v. Jones

104 Cal.App.3d 207 (1980)

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Nature of the Case

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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.