Moore v. Besse
California Supreme Court
Appeal from the District Court, Third Judicial District, Santa Clara County. This action was brought to recover damages for a breach of the following contract: Pescadero, Santa Cruz County, Cal., January 22d, 1864. ) For value received, I promise to deliver T. W. Moore, or order, at Pigeon Point Warehouse, in said county, one thousand (1,000) sacks of good, clean, sound, merchantable potatoes, in good gunny sacks of the usual size, sewed up and ready for shipment.
Read the full summary
Appeal from the District Court, Third Judicial District, Santa Clara County. This action was brought to recover damages for a breach of the following contract: Pescadero, Santa Cruz County, Cal., January 22d, 1864. ) For value received, I promise to deliver T. W. Moore, or order, at Pigeon Point Warehouse, in said county, one thousand (1,000) sacks of good, clean, sound, merchantable potatoes, in good gunny sacks of the usual size, sewed up and ready for shipment. Such delivery to be made at any time between this date and the first day of February, (1866,) eighteen hundred and sixty-six, upon…
1Opinion of the Court
By the Court, Sawyer, J.:
The action is upon a contract to deliver one thousand sacks of potatoes. Under the contract and the notice given in pursuance of its terms, the defendant was entitled to deliver the potatoes at any time between the first day of November, 1864, and the first day of February, 1865. The point made, is, that no breach is alleged in the complaint, and that, in this respect, the complaint fails to state a cause of action. The only averment which is claimed to state a breach is the following: “ That on the 4th day of December, 1864, at Pescadero aforesaid, the defendant…
2Cited by5 opinions
- Merkeley v. FiskCalifornia Supreme Court · 1919
- H. W. Curtis & Co. v. CutlerNebraska Supreme Court · 1878
- Jacobs v. ShenonIdaho Supreme Court · 1892
- Brown v. SweetCalifornia Court of Appeal · 1928
- Crow v. HildrethCalifornia Supreme Court · 1870