Hughes v. Bray
California Supreme Court
Appeal from a judgment for the plaintiff and from an order denying a new trial in the Nineteenth District Court of the City and County of San Francisco.
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Appeal from a judgment for the plaintiff and from an order denying a new trial in the Nineteenth District Court of the City and County of San Francisco. Wheeler, J. On the trial,the defendant offered to show the usage and custom among grain merchants in San Francisco in selling grain, and that by such custom and usage, the sale is not deemed to be complete until the vendee has an opportunity to, and does, examine the grain sold, and if satisfied, delivery and payment is then made, and the sale is not complete until then. Plaintiff objected thereto and the Court sustained the objection, to…
1Opinion of the Court
The Court:
The exception upon which the appellant seems mainly to rely is to that portion of the charge in which the Court in effect told the jury: That where goods are sold by sample the law implies a warranty that the articles shall not be inferior in quality to the sample, and that if they are the purchaser may accept them and bring an action for the breach of warranty. Such we understand to be the law. (Polhemus v Heiman, 45 Cal. 573.)
The charge as to the measure of damages was in accordance with the rule contained in the Code. (C. C. 3313). Evidence of what the usage or custom in San…
2Cases cited2 opinions
- Polhemus v. HeimanCalifornia Supreme Court · 1873
- Polhemus v. HeimanCalifornia Supreme Court · 1875
3Cited by5 opinions
- Germain Fruit Co. v. J. K. Armsby Co.California Supreme Court · 1908
- Shearer v. Park Nursery Co.California Supreme Court · 1894
- Mendocino County v. PetersCalifornia Court of Appeal · 1905
- People v. MurbackCalifornia Supreme Court · 1883
- Brock v. Newmark Grain Co., Inc.California Court of Appeal · 1923