Browning v. McNear

This is a second appeal after the second trial. The decision of this court upon the former appeal is reported in 145 Cal. 272, [78 Pac. 722]. The pleadings are the same. The findings of the court declare an executed sale upon October 9, 1899, without any warranty express or implied, and declare also that the sale was not by sample. In the opinion rendered upon the former appeal it was said: “Whether or not the parties, plaintiff and Hickok, representing defendant, then agreed upon a present transfer of the barley is a question of fact, the determination of which may well be left to the…