Flint v. Lyon
California Supreme Court
Appeal from the Fourth Judicial District. This was an action to recover upon a contract for two thousand barrels of flour sold by plaintiffs to defendant, and named in the sale-note as Haxall flour.
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Appeal from the Fourth Judicial District. This was an action to recover upon a contract for two thousand barrels of flour sold by plaintiffs to defendant, and named in the sale-note as Haxall flour. The complaint stated that the plaintiffs had tendered to the defendant the requisite number of barrels of flour, as a compliance with the contract on their part; that defendant refused to accept the flour so tendered, whereupon the plaintiffs sold it, and brought this suit for the difference between the contract price and the price realized. The defense was that the defendant had demanded a…
1Opinion of the Court
Mr. Ch. J. Murray
deliveréd the opinion of the Court.
Mr. J. Heydeneeldt concurred.
This was an action to recover the contract price of two thousand barrels of flour. The facts of the' case are these: On the 13th of January, the plaintiffs sold the defendant a cargo of flour, and executed a sale-note in these words:
“ San Francisco, January 13th, 1853.
“ Sold, this day, to Joseph Lyon, Esq., the cargo of Haxall flour now on board of the bark Ork, lying in the harbor, *19and being about two thousand barrels, on the following terms and conditions, viz: Joseph H. Lyon, Esq., agrees to pay Messrs. Flint,…
2Cited by19 opinions
- Morse v. Union Stock Yard Co.Oregon Supreme Court · 1891
- Weed v. DyerSupreme Court of Arkansas · 1890
- Springfield Shingle Co. v. Edgecomb Mill Co.Washington Supreme Court · 1909
- Burge v. Albany Nurseries, Inc.California Supreme Court · 1917
- Lane v. C. A. Swanson & SonsCalifornia Court of Appeal · 1955
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