Legal Opinion

Albion Lumber Company v. Lowell

California Court of Appeal

Decided December 31, 1912No. Civ. No. 990PublishedCited by 7 opinions

APPEAL -from a judgment of the Superior Court of Mendocino County and from an order refusing a new trial. J. Q. White, Judge. The facts are stated in the opinion' of the court.

1Opinion of the CourtChipman, P. J.

Plaintiff brings the action to recover for the breach of an alleged contract entered into between plaintiff and defendant, November 5, 1908, for the sale and purchase of redwood ties. It is alleged that, about March 1, 1909, plaintiff notified defendant of its readiness to receive the ties but defendant repudiated and refused to carry out said contract. Defendant denies that he entered into any contract with the plaintiff, as alleged or at all. As further answer: that the agreement sued upon is for goods and chattels of value exceeding two hundred dollars and is in violation of the statute of…

2Cases cited7 opinions

  1. Beckwith v. TalbotSupreme Court of the United States · 1877
  2. Breckinridge v. CrockerCalifornia Supreme Court · 1889
  3. Brewer v. Horst and Lachmund Co.California Supreme Court · 1900
  4. Martin v. DeetzCalifornia Supreme Court · 1894
  5. Friend & Terry Lumber Co. v. MillerCalifornia Supreme Court · 1885

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3Cited by7 opinions

  1. Kaneko v. OkudaCalifornia Court of Appeal · 1961
  2. Kolberg v. Sherwin-Williams Co.California Court of Appeal · 1928
  3. Bowles v. JungDistrict Court, S.D. California · 1944
  4. Addiego v. HillCalifornia Court of Appeal · 1968
  5. Quinn-Shepherdson Co. v. Triumph Farmers Elevator Co.Supreme Court of Minnesota · 1921

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