Legal Opinion

Kendall v. Earl

California Supreme Court

Decided May 4, 1896No. 18,392PublishedCited by 1 opinion

APPEAL from Superior Court, Sacramento County; Matt F. Johnson, Judge. Action by 'William S. Kendall against Joseph Earl and others to recover damages for breach of contract. There was judgment for defendants and plaintiff appealed.

1Opinion of the Court

HAYNES, C.

Plaintiff resides at Sacramento, and grows fruit in that county. The defendants are commission merchants doing business at Chicago, Illinois. On October 9, 1889, plaintiff shipped to defendants 22,758 pounds of dried French prunes, and 3,937 pounds of soft-shell almonds, under the terms stated in the following contract:

“Sacramento, Cal., October 9, 1889.
“Earl Bros. Co., Chicago, Illinois.
“Gentlemen: I shipped you per S. P. and U. P. B. B., in C. P. car 1282, 22,980 lbs. dried French prunes, and 4,000 lbs. of soft-shell almonds, to be sold by you on commission, at 4 per cent, to you.…

Also in this document: Per curiam.

2Cases cited7 opinions

  1. Gold-Mining Co. v. National BankSupreme Court of the United States · 1878
  2. Ralphs v. HenslerCalifornia Supreme Court · 1893
  3. Borland v. ThorntonCalifornia Supreme Court · 1859
  4. Phelps v. PeabodyCalifornia Supreme Court · 1857
  5. Searing v. ButlerIllinois Supreme Court · 1873

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3Cited by1 opinion

  1. Allen v. McAllisterWashington Supreme Court · 1905

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