Ord v. Steamer Uncle Sam
California Supreme Court
Appeal from the Seventh District. Action against the defendant for breach of contract alleged to have been entered into on the part of defendant, by her agents and owners, to transport the plaintiff and his family, consisting of his mother-in-law and two children, to New York via Nicaragua, averring a deviation—transportation to Panama and detention there for seventeen days.
Read the full summary
Appeal from the Seventh District. Action against the defendant for breach of contract alleged to have been entered into on the part of defendant, by her agents and owners, to transport the plaintiff and his family, consisting of his mother-in-law and two children, to New York via Nicaragua, averring a deviation—transportation to Panama and detention there for seventeen days. Also, that plaintiff suffered greatly through mental anxiety—expended large sums of money in board, lodging, etc. at Panama, and suffered greatly through loss of time; also, averring damage by reason of sickness suffered…
1Opinion of the Court
This case was argued twice. The first opinion, delivered by Burnett, J.
Terry, C. J. concurring, is as follows :
This suit was brought to recover damages for the non-performance of a contract to transport the plaintiff and his family from San Francisco to Hew York. Upon the trial the plaintiff was nonsuited, from which judgment he appealed.
1. It is insisted by the counsel of defendant that there was a fatal variance between the contract alleged and that which was proved. But upon looking into the answer, there is no proper denial of the contract as alleged in the complaint. (Humphreys v.…
2Cases cited2 opinions
- Humphreys v. McCallCalifornia Supreme Court · 1858
- Warner & Wife v. Steamship Uncle SamCalifornia Supreme Court · 1858
3Cited by1 opinion
- May v. Board of DirectorsCalifornia Supreme Court · 1949