Byrne v. Jansen
California Supreme Court
Appeal from the District Court, Eighteenth Judicial District, County of San Bernardino. Action to recover damages for the breach of an alleged warranty .of the quality and condition of wool, sold by the defendant to the plaintiff. The defendant had a band of sheep in San Bernardino County, and, on the 12th day of February, 1872, O’Connell, the agent of the plaintiff, applied to him to purchase his clip of wool to be sheared in April following.
Read the full summary
Appeal from the District Court, Eighteenth Judicial District, County of San Bernardino. Action to recover damages for the breach of an alleged warranty .of the quality and condition of wool, sold by the defendant to the plaintiff. The defendant had a band of sheep in San Bernardino County, and, on the 12th day of February, 1872, O’Connell, the agent of the plaintiff, applied to him to purchase his clip of wool to be sheared in April following. The defendant told him he would take twenty-sis cents per pound, and, at the same time, stated that the wool would be short, that the sheep were poor,…
1Opinion of the Court
By the Court:
1. It is apparent that defendant made no express warranty as to the quality or condition of the wool in question. *627The conversation had between the defendant and the plaintiff’s agent, O’Connell, did not amount to a warranty. O’Connell- had dealt in wool in the county of San Bernardino for a number of years. He kneAv the defendant’s sheep and the range on which they ran. He evidently had an opinion of his own, founded upon his personal knowledge of the defendant’s business, as to the quality of defendant’s wool, and he stated at the trial that the defendant’s wool “was supposed to…
2Cited by5 opinions
- Intrastate Credit Service, Inc. v. Pervo Paint Co.California Court of Appeal · 1965
- Lamb v. OttoCalifornia Court of Appeal · 1921
- Pacific Commercial Co. v. GreerCalifornia Court of Appeal · 1933
- Brackett v. MartensCalifornia Court of Appeal · 1906
- Square Deal MacHine Co. v. Garrett Corp.California Court of Appeal · 1954