Legal Opinion
Olcese v. Davis
California Court of Appeal
Decided March 23, 1954No. Civ. 15724PublishedCited by 7 opinions
1Opinion of the CourtNourse, P. J.
This is an action for damages for the alleged breach by sellers of an oral agreement to buy and sell the total crop of onions being harvested on a certain ranch for $1.10 per bag, of which crop 6,000 bags were delivered and paid, but delivery of the larger balance was refused notwithstanding several demands. Damages are based on the loss of profits which plaintiffs would have made by sale of the balance of the onions in Havana, Cuba.
The main defense was that the oral agreement was not as alleged and that the delivery of 6,000 bags was not a part performance of such agreement but was a full…
2Cases cited10 opinions
- Viner v. UntrechtCalifornia Supreme Court · 1945
- Howland v. Iron Fireman Manufacturing Co.Oregon Supreme Court · 1949
- Howland v. Iron Fireman Mfg. Co.Oregon Supreme Court · 1949
- Buie v. KennedySupreme Court of North Carolina · 1913
- Helbing v. HelbingCalifornia Court of Appeal · 1948
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3Cited by7 opinions
- Guntert v. City of StocktonCalifornia Court of Appeal · 1976
- Gerwin v. Southeastern California Ass'n of Seventh Day AdventistsCalifornia Court of Appeal · 1971
- Hunt Foods, Inc., a Corporation v. Wellington Phillips and H. W. LiholmCourt of Appeals for the Ninth Circuit · 1957
- Distrillers Distributing Corporation v. J. C. Millett Co., a Corporation, D/B/A Key Distributing Co.Court of Appeals for the Ninth Circuit · 1963
- Kuffel v. Seaside Oil Co.California Court of Appeal · 1970
2 more not listed; retrieve them via the Exa API.