Harron, Rickard & McCone v. Sisk
California Court of Appeal
APPEAL from a judgment of the Superior Court of Stanislaus County, and from an order denying a new trial. L. W. Fulkerth, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtBurnett, J.
The action was brought to recover the balance due for the sale of what was known as a forty-horse power Foos type special horizontal engine. The agreed price was $1,642.50, of which $400 was paid at the time of the purchase. The defense, set forth in varying phraseology, is based upon the claim of a breach of warranty. The action was tried before a jury and a general verdict rendered for defendant in the sum of $400. The appeal is from the judgment and the order denying a motion for a Hew trial.
The first contention of appellant worthy of notice is that there was no implied warranty that the…
2Cases cited3 opinions
- Polhemus v. HeimanCalifornia Supreme Court · 1873
- Ehrsam v. BrownSupreme Court of Kansas · 1907
- Hoult v. BaldwinCalifornia Supreme Court · 1885
3Cited by2 opinions
- Jensen v. GerrardUtah Supreme Court · 1935
- Lunt v. KitchensUtah Supreme Court · 1953