Burge v. Albany Nurseries, Inc.
California Supreme Court
APPEAL from a judgment of the Superior Court of Napa County. Henry C.' Gesford, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
This is an appeal by the defendant from a judgment in favor of the plaintiff.
The complaint alleges that by a certain written contract incorporated therein, the defendant sold to the plaintiff 1,750 French and Imperial prune trees grafted on myrobalan roots, guaranteed to be of that kind; that the trees were delivered to plaintiff in December, 1910; that they were in ‘fact grafted upon peach roots; “that plaintiff did not know, and had no means of ascertaining, whether or not the trees were as ordered by him, and as guaranteed by the defendant at the time of their delivery as aforesaid, and…
2Cases cited3 opinions
- Germain Fruit Co. v. J. K. Armsby Co.California Supreme Court · 1908
- Shearer v. Park Nursery Co.California Supreme Court · 1894
- Flint v. LyonCalifornia Supreme Court · 1854
3Cited by14 opinions
- Aced v. Hobbs-Sesack Plumbing Co.California Supreme Court · 1961
- Posz v. BurchellCalifornia Court of Appeal · 1962
- Firth v. RichterCalifornia Court of Appeal · 1920
- Bickford v. Pacific Electric Railway Co.California Court of Appeal · 1932
- Newhall Land & Farming Co. v. Hogue-Kellogg Co.California Court of Appeal · 1922
9 more not listed; retrieve them via the Exa API.