Legal Opinion

Jensen v. Goss

California Court of Appeal

Decided January 22, 1919No. Civ. No. 2577PublishedCited by 8 opinions

APPEAL from a judgment of the Superior Court of the City and County of San Francisco. Daniel C. Deasy, Judge. Reversed. The facts are stated in the opinion of the court.

1Opinion of the CourtWaste, P. J.

This is an appeal from a judgment for $231, for damages found to have been suffered by plaintiff, by reason of the failure of defendants to deliver to him hay under a written contract, dated June 1, 1916, by the terms of which the hay was to be paid for “on the thirteenth day of each month following delivery. ’ ’ The defense is that plaintiff refused to pay for the hay as required by the contract, thereby releasing defendants from further performance on their part.

The testimony of and in behalf of defendants is corroborated by the evidence and admissions of plaintiff while on the stand, and…

2Cases cited2 opinions

  1. San Francisco Bridge Co. v. Dumbarton Land & Improvement Co.California Supreme Court · 1897
  2. Minaker v. California Canneries Co.California Supreme Court · 1902

3Cited by8 opinions

  1. MacRae v. HeathCalifornia Court of Appeal · 1922
  2. Auer & Twitchell v. Robertson Paper Co.Supreme Court of Vermont · 1920
  3. Loop Building Co. v. DecooCalifornia Court of Appeal · 1929
  4. Condley v. Consolidated Lumber Co.California Court of Appeal · 1921
  5. C.O. Bashaw Co. v. A. U. Pinkham Co.California Court of Appeal · 1926

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