Legal Opinion

United States Trading Corp. v. Newmark Grain Co.

California Court of Appeal

Decided January 13, 1922No. Civ. No. 3562PublishedCited by 13 opinions

The facts are stated in the opinion of the court.

1Opinion of the CourtFinlayson, P. J.

This is an action for damages for the nondelivery of the balance of certain barley which the defendant had contracted to sell to plaintiff and to ship to the latter at New Orleans, Louisiana. Plaintiff recovered judgment and the defendant appeals.

The complaint contains two counts. In the first it is alleged that on June 13, 1919, plaintiff and defendant entered into an agreement whereby the former agreed to buy and the latter agreed to sell 2,000 tons, or 4,000,000 pounds, of barley, at certain agreed prices, the barley to be delivered free on board ears at California for shipment to New…

2Cases cited20 opinions

  1. United States v. GleasonSupreme Court of the United States · 1900
  2. Jones v. United StatesSupreme Court of the United States · 1878
  3. Winslow v. GohransenCalifornia Supreme Court · 1891
  4. Roxford Knitting Co. v. Moore & Tierney, Inc.Court of Appeals for the Second Circuit · 1920
  5. Baylies v. FettyplaceMassachusetts Supreme Judicial Court · 1811

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3Cited by13 opinions

  1. Takahashi v. Pepper Tank & Contracting Co.Wyoming Supreme Court · 1942
  2. Bergin v. Van Der SteenCalifornia Court of Appeal · 1951
  3. Joseph Denunzio Fruit Co. v. CraneDistrict Court, S.D. California · 1948
  4. Cullinan v. Mercantile Trust Co.California Court of Appeal · 1926
  5. Dorn v. GoetzCalifornia Court of Appeal · 1948

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