Harrison v. McCormick
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtDe Haven, J.
The defendants had judgment in the court below, and from such judgment, and an order denying him a new trial, the plaintiff appeals.
The action is for a balance alleged to be due plaintiff on account of the sale of fifty tons of coal, sold under-the-name of Montana Lump Lehigh Hand-picked Coal.
The answer sets up, among other defenses, that the coal was sold by sample, and not by name, and that the coal delivered did not correspond with the sample.
The plaintiff proved that an agreement for the sale of the coal was reduced to writing and executed in duplicate, and that the one retained by him…
2Cases cited2 opinions
- Thompson v. LibbySupreme Court of Minnesota · 1885
- Wiener v. WhippleWisconsin Supreme Court · 1881
3Cited by67 opinions
- Masterson v. SineCalifornia Supreme Court · 1968
- Harding v. RobinsonCalifornia Supreme Court · 1917
- United Iron Works v. Outer Harbor Dock & Wharf Co.California Supreme Court · 1914
- Germain Fruit Co. v. J. K. Armsby Co.California Supreme Court · 1908
- Standard Box Co. v. Mutual Biscuit Co.California Court of Appeal · 1909
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