Legal Opinion
Morton v. Albers Brothers Milling Co.
California Court of Appeal
Decided March 28, 1924No. Civ. No. 4385PublishedCited by 10 opinions
1Opinion of the CourtFinlayson, P. J.
This is an action for damages for the alleged breach of a contract to purchase milo maize. The jury returned a verdict for plaintiff, and from the judgment entered thereon the defendant appeals.
Some of the milo- was delivered and payment therefor was made by defendant. It is claimed by plaintiff that he was ready and willing to- deliver the balance within the time provided for by an oral extension of the time for delivery, but that defendant wrongfully refused to- accept it. Thereafter plaintiff sold the undelivered milo in the open market for $29 per ton. This action was brought to recover…
2Cases cited7 opinions
- Standard Box Co. v. Mutual Biscuit Co.California Court of Appeal · 1909
- Hutchings v. . MungerNew York Court of Appeals · 1869
- Henehan v. HartCalifornia Supreme Court · 1900
- Thomas v. AnthonyCalifornia Court of Appeal · 1916
- Harloe v. LambieCalifornia Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ferro Concrete Const. Co. v. United StatesCourt of Appeals for the First Circuit · 1940
- Benema v. Union Central Life InsuranceMontana Supreme Court · 1933
- California Canning Peach Growers v. HarrisCalifornia Court of Appeal · 1928
- Miller v. Ambassador Park SyndicateCalifornia Court of Appeal · 1932
- Harbor Construction Co. v. WaltersCalifornia Court of Appeal · 1929
5 more not listed; retrieve them via the Exa API.