Lumley v. Corbett
California Supreme Court
Appeal from the Twelfth District. It was shown on the trial that at the time of the sale and delivery of the ale by Broadhurst & Co., and for some time anterior thereto Broadhurst & Co., or rather Broadhurst, doing business under that style, was a jobber in Front street, in San Francisco, having a stock of goods in his store among which were casks of ale; and that the defendant had been in the habit of buying from him from time to time, and paying him therefor; that on the…
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Appeal from the Twelfth District. It was shown on the trial that at the time of the sale and delivery of the ale by Broadhurst & Co., and for some time anterior thereto Broadhurst & Co., or rather Broadhurst, doing business under that style, was a jobber in Front street, in San Francisco, having a stock of goods in his store among which were casks of ale; and that the defendant had been in the habit of buying from him from time to time, and paying him therefor; that on the second of May, 1859, Broadhurst bargained and sold to defendant five casks' of ale; that Broadhurst procured from…
1Opinion of the CourtCope, J.
Baldwin, J. concurring.
This is an action to recover the value of certain ale purchased by the defendant of Broadhurst & Co., merchants in San Francisco. It appears that this ale belonged to the plaintiff, and was delivered upon his order; but in selling it, Broadhurst & Co. professed to act on their own account. The defendant had no knowledge of any other person in connection with the transaction, and was not informed of the interest of the plaintiff until he had received the ale and paid for it. The plaintiff seems to think that the order signed by him for its delivery was sufficient to put…
2Cited by5 opinions
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