Dairyman's Cooperative Creamery Assn. v. Leipold
California Court of Appeal
1Opinion of the Court
Opinion
GARGANO, J.
The Dairyman’s Cooperative Creamery Association, hereafter called the Co-op, brought this action, in common count, to recover the sum of $10,912.50 from appellant, Jerry Leipold; the common count was allegedly predicated on appellant’s oral agreement to purchase 450 bags of dry milk powder from the Co-op.
In defending the action in the court below, appellant, who is a broker, did not deny that he ordered the milk powder from the Co-op. He took the position that he was not obligated to pay for the powder because he had dealt with the Co-op as a broker, not as a principal. He…
2Cases cited4 opinions
- Pray v. Trower Lumber Co.California Court of Appeal · 1929
- Mason v. Rolando Lumber Co.California Court of Appeal · 1952
- Tremayne v. American SMW Corp.California Court of Appeal · 1954
- Francis v. MerkleyCalifornia Court of Appeal · 1922
3Cited by11 opinions
- Allied Grape Growers v. Bronco Wine Co.California Court of Appeal · 1988
- Perdue Farms, Inc. v. Motts, Inc. of MississippiDistrict Court, N.D. Mississippi · 1978
- Geffen v. MossCalifornia Court of Appeal · 1975
- Los Angeles Paper Bag Company v. James Talcott, Inc., a New York CorporationCourt of Appeals for the Ninth Circuit · 1979
- Kennedy v. South Coast Regional CommissionCalifornia Court of Appeal · 1977
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