Crosby v. Watkins
California Supreme Court
Appeal from the Ninth District, County of Tehama. This was an action for damages for the non-delivery of a quantity of wheat purchased by plaintiff of defendants. The facts as stated by the Court are as follows : H. M. Stone, the agent of the plaintiff, contracted with the defendants for the purchase of a quantity of wheat, at the price of two cents and a half per pound, to be delivered upon demand and paid for on delivery.
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Appeal from the Ninth District, County of Tehama. This was an action for damages for the non-delivery of a quantity of wheat purchased by plaintiff of defendants. The facts as stated by the Court are as follows : H. M. Stone, the agent of the plaintiff, contracted with the defendants for the purchase of a quantity of wheat, at the price of two cents and a half per pound, to be delivered upon demand and paid for on delivery. The contract was made by Stone, in his own name, without disclosing his principal. Within the time limited by the contract, plaintiff, through Stone, notified the…
1Opinion of the Court
Terry, O. J.,
after stating the facts, deEvered the opinion of the Court—Baldwin, J., concurring.
Two questions are presented by the record: First, whether the plaintiff can sue in his own name on the contract; and second, whether *88he can recover in this action without showing a tender of the price agreed on.
The first point is answered by the decision of this Court in Ruiz v. Norton, 4 Cal., 855.
Upon the second point, Mr. Parsons, in his work on Contracts, vol. 1, p. 449, states the rule to be as follows: “ In every sale, unless otherwise expressed, there is an implied condition that the price…
2Cited by1 opinion
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