Brandenstein v. Jackling

— Plaintiffs recovered judgment for $15,680 for breach of warranty of quality made in the sale of rice, together with interest from the commencement of this action. Defendants appeal, claiming chiefly that there was no warranty made in the sale.

The contract of sale and warranty upon which the judgment appealed from is based, was made between two San Francisco merchants for the sale and purchase of rice to be shipped from the Orient to Cuba and is in its essential parts as follows:

“San Francisco, March 9, 1920.

“Pacific Rice Mills hereby agrees to sell and M. J. Branden-stein and Company, San…