Rinelli v. Rubino
Indiana Court of Appeals
From. Clinton Circuit Court; Joseph Combs, Judge.. Action by Samuel Rinelli against Tony Rubino and another. From a judgment for the defendant, the plaintiff appeals.
1Opinion of the CourtIbach, J.
The appellant sued appellees to recover the purchase price of a carload of apples. The complaint is in two paragraphs, the sufficiency of which was not questioned in the trial court. The first paragraph is in the form of a common count, while the second proceeds upon the theory that appellant sold and delivered a carload of apples to appellees under a contract substantially as follows: That the plaintiff should sell to the defendants one carload of about 150 barrels of A-grade Baldwin apples; that said apples should average 2y2 inches in diameter and should be good color and sound; that…
2Cases cited10 opinions
- Bierman v. . City Mills Co.New York Court of Appeals · 1897
- McClung v. KelleySupreme Court of Iowa · 1866
- Baer & Co. v. Mobile Cooperage & Box Mfg. Co.Supreme Court of Alabama · 1909
- English v. Spokane Com. Co.Court of Appeals for the Ninth Circuit · 1893
- Oil-Well Supply Co. v. WatsonIndiana Supreme Court · 1907
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3Cited by2 opinions
- Ernest E. Fadler Co. v. HesserCourt of Appeals for the Tenth Circuit · 1948
- Fruit Dispatch Co. v. C. C. Taft Co.Supreme Court of Iowa · 1924