Legal Opinion

Dairyman's Cooperative Creamery Assn. v. Leipold

California Court of Appeal

Decided September 5, 1973No. Civ. 1776PublishedCited by 11 opinions

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

  1. Pray v. Trower Lumber Co.California Court of Appeal · 1929
  2. Mason v. Rolando Lumber Co.California Court of Appeal · 1952
  3. Tremayne v. American SMW Corp.California Court of Appeal · 1954
  4. Francis v. MerkleyCalifornia Court of Appeal · 1922

3Cited by11 opinions

  1. Allied Grape Growers v. Bronco Wine Co.California Court of Appeal · 1988
  2. Perdue Farms, Inc. v. Motts, Inc. of MississippiDistrict Court, N.D. Mississippi · 1978
  3. Geffen v. MossCalifornia Court of Appeal · 1975
  4. Los Angeles Paper Bag Company v. James Talcott, Inc., a New York CorporationCourt of Appeals for the Ninth Circuit · 1979
  5. Kennedy v. South Coast Regional CommissionCalifornia Court of Appeal · 1977

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