Keller v. Ybarru
California Supreme Court
Appeal from the First Judicial District of Los Angelos County. This action was brought upon an agreement between the plaintiff and defendant, which set forth, that about the 15th day of June, 1852, the plaintiff and defendant entered into a contract, whereby the defendant agreed with the plaintiff to sell, and pick from the vines, and deliver to plaintiff, at the vineyard of defendant, so many of the grapes then growing in said vineyard, as plaintiff should wish to take the…
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Appeal from the First Judicial District of Los Angelos County. This action was brought upon an agreement between the plaintiff and defendant, which set forth, that about the 15th day of June, 1852, the plaintiff and defendant entered into a contract, whereby the defendant agreed with the plaintiff to sell, and pick from the vines, and deliver to plaintiff, at the vineyard of defendant, so many of the grapes then growing in said vineyard, as plaintiff should wish to take the present year, the plaintiff to have the first grapes that were ripe, for which plaintiff agreed to pay defendant ten…
1Opinion of the CourtHeydenfeldt, Justice
Wells, Justice, concurred.
When the agreement, which is the subject of this action, was first entered into, it amounted to a mere offer on the part of the defendant, which the plaintiff had th,e right to accept or reject, and the defendant to retract, at any time before acceptance. When, however, the plaintiff named the amount of grapes which he would take under the offer of the defendant, the contract was complete, and both parties were bound by it.
The court below, therefore, erred in deciding for the defendant, and the judgment is reversed, with costs.
2Cited by8 opinions
- McCaw Manufacturing Co. v. Felder & RountreeSupreme Court of Georgia · 1902
- Cooper v. Lansing Wheel Co.Michigan Supreme Court · 1892
- Moulton v. KershawWisconsin Supreme Court · 1884
- Cuthill v. PeabodyCalifornia Court of Appeal · 1912
- Wickham & Burton Coal Co. v. Farmers Lumber Co.Supreme Court of Iowa · 1920
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