Wheelock v. Pacific Pneumatic Gas Co.
California Supreme Court
Appeal from the District Court, Third Judicial District, City and County of San Francisco. In April, 1870, the plaintiff was engaged in the sale and shipment of gasoline in New York City, and agreed with the defendant to sell and ship to San Francisco, gasoline of the specific gravity of 85° at twenty-five cents per gallon, to be paid for by remittance from San Francisco on the arrival of the bills of lading in course of mail from New York.
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Appeal from the District Court, Third Judicial District, City and County of San Francisco. In April, 1870, the plaintiff was engaged in the sale and shipment of gasoline in New York City, and agreed with the defendant to sell and ship to San Francisco, gasoline of the specific gravity of 85° at twenty-five cents per gallon, to be paid for by remittance from San Francisco on the arrival of the bills of lading in course of mail from New York. The plaintiff was to put up the gasoline for shipment in first-class cases, of the full measure of five gallons. In addition to previous shipments by…
1Opinion of the Court
By the Court, Crockett, J.:
The court finds that the plaintiff stipulated in the contract to put up the gasoline for shipment in first-class cases; and that this stipulation was violated in respect to several of the shipments, and by reason thereof the defendant suffered damage and loss in a sum exceeding the plaintiffs demand. *226No such damage is alleged or claimed in respect to the last shipment, for the price of which this action is brought. But the defendant sets up the damage suffered from this cause on the prior shipments by way of counter-claim. The court, however, finds that the…
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