Cutting Fruit Packing Co. v. Canty
California Supreme Court
The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.—
The plaintiff and the defendant entered into a contract in writing May 26, 1897, by which the defendant sold to the plaintiff 400 tons of peaches, at $30 per ton, to be delivered at railroad station in San Francisco during the season of 1897, for which payment was to be made by the plaintiff weekly and on acceptance of the peaches. After the contract had been entered into the market value of peaches rose from $30 per ton to $42 per ton, and the defendant, after delivering 129-J tons of the peaches, refused and failed to deliver any more. The plaintiff thereupon, after demand upon…
2Cases cited10 opinions
- Winslow v. GohransenCalifornia Supreme Court · 1891
- Pacific Mutual Life Insurance Co. v. FisherCalifornia Supreme Court · 1895
- Kimball v. Richardson Kimball Co.California Supreme Court · 1896
- Barnhart v. EdwardsCalifornia Supreme Court · 1900
- City & County of San Francisco v. PennieCalifornia Supreme Court · 1892
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3Cited by30 opinions
- Buckley v. ChadwickCalifornia Supreme Court · 1955
- Akley v. BassettCalifornia Supreme Court · 1922
- Lynch v. BirdwellCalifornia Supreme Court · 1955
- Anglo-California Trust Co. v. Oakland RailwaysCalifornia Supreme Court · 1924
- Central Oil Co. v. Southern Refining Co.California Supreme Court · 1908
25 more not listed; retrieve them via the Exa API.