Fairchild-Gilmore-Wilton Co. v. Southern Refining Co.
California Supreme Court
The facts are stated in the opinion of the court. McNutt & Hannon, Byron M. Marble, and J. W. McKinley, for Appellant.
1Opinion of the CourtShaw, J.
This is an action by plaintiff, a buyer of certain asphalt, to recover of the defendant, the seller thereof, damages for the alleged failure of the seller to deliver the asphalt as the contract provided. Plaintiff obtained judgment for $19,463.56. The defendant appeals from the judgment and from an order denying its motion for a new trial.
There were two contracts for the sale of asphalt. Both were made in the form of'a written proposal by the defendant to sell and a written acceptance thereof by the plaintiff. The first was made on January 3, 1906, as follows:—
“Referring to conversation had…
2Cases cited10 opinions
- Cox v. McLaughlinCalifornia Supreme Court · 1881
- State v. McCauleyCalifornia Supreme Court · 1860
- Cox v. McLaughlinCalifornia Supreme Court · 1880
- Porter v. the Arrow Head Reservoir Co.California Supreme Court · 1893
- Cox v. Western Pacific RailroadCalifornia Supreme Court · 1872
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3Cited by39 opinions
- City of Pleasant Hill v. First Baptist ChurchCalifornia Court of Appeal · 1969
- American-Hawaiian Engineering & Construction Co. v. ButlerCalifornia Supreme Court · 1913
- California Sugar & White Pine Agency v. PenoyarCalifornia Supreme Court · 1914
- Sunray DX Oil Co. v. Great Lakes Carbon Corp.Supreme Court of Oklahoma · 1970
- Robberson Steel Co. v. HarrellCourt of Appeals for the Tenth Circuit · 1949
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