Leonhart v. California Wine Assn.
California Court of Appeal
APPEAL from a judgment of the Superior Court of Fresno County, and from an order denying a new trial. George E. Church, Judge. The facts are stated in the opinion of the court. Pillshury, Madison & Sutro, and Johnston & Jones, for Appellant. The complaint was uncertain, and the court erred in overruling the demurrer.
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APPEAL from a judgment of the Superior Court of Fresno County, and from an order denying a new trial. George E. Church, Judge. The facts are stated in the opinion of the court. Pillshury, Madison & Sutro, and Johnston & Jones, for Appellant. The complaint was uncertain, and the court erred in overruling the demurrer. (Mallory v. Thomas, 98 Cal. 644, 33 Pac. 757; Grandona v. Lovdal, 70 Cal. 161, 11 Pac. 623.) The custom as to the delivery of the grapes was a proper defense, and the defendant should have been allowed to prove it. (12 Cyc. 1082, and cases cited.) The lest is whether, if the…
1Opinion of the CourtKerrigan, J.
This is an action brought by the repondent against the appellant to recover damages, claimed to have been sustained by respondent through the failure of appellant to carry out the terms of a contract for the purchase of grapes.
The amended complaint alleges that respondent delivered to appellant a certain quantity of different kinds of grapes specified in the contract, and by reason of the delay of appellant in accepting the grapes as they matured, a large portion of the grapes which were delivered had .shrunk in weight to an amount exceeding forty-five tons; that a portion of the grapes, the…
2Cases cited13 opinions
- Burns v. Sennett & MillerCalifornia Supreme Court · 1893
- Alexander v. Central Lumber & Mill Co.California Supreme Court · 1894
- Rudel v. County of Los AngelesCalifornia Supreme Court · 1897
- Sheehy v. ShinnCalifornia Supreme Court · 1894
- Withers v. MooreCalifornia Supreme Court · 1903
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