Colon v. Tosetti
California Court of Appeal
APPEAL from an order of the Superior Court of Los Angeles County granting a new trial. Chas. Monroe, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
Defendant appeals from an order of court granting plaintiff’s motion for a new trial.
The action is one to recover damages alleged to have been sustained by reason of defendant delivering to plaintiff certain budded peach-tree stock of a variety other than and inferior to that agreed upon by the terms of a parol contract.
The only ground of the motion necessary to consider is the insufficiency of the evidence to justify the decision.
Under the agreement, the buds for all of said stock were to be procured from a certain designated peach tree in the orchard of a Mr. Frazier, which defendant…
2Cases cited4 opinions
- Curtiss v. Starr & Co.California Supreme Court · 1890
- Cole v. WilcoxCalifornia Supreme Court · 1893
- Von Schroeder v. SpreckelsCalifornia Supreme Court · 1905
- Duncan v. GradyCalifornia Supreme Court · 1893
3Cited by10 opinions
- Zellner v. WassmanCalifornia Supreme Court · 1920
- Busque v. MarcouSupreme Judicial Court of Maine · 1952
- Cazaurang v. CarreyCalifornia Court of Appeal · 1931
- Luders v. Security Trust & Savings BankCalifornia Court of Appeal · 1932
- Griffiths v. ThrasherMontana Supreme Court · 1933
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