Legal Opinion

Levis v. Royal Packing & Drying Co.

California Court of Appeal

Decided July 1, 1905No. 39PublishedCited by 1 opinion

APPEAL from a judgment of the Superior Court of Tulare County and from an order denying a new trial. M. L. Short, Judge. The facts are stated in the opinion of the court

1Opinion of the CourtAllen, J.

Action for damages alleged to have been sustained by plaintiffs from violation of a contract of defendant to buy and pay for certain personal property. Findings and judgment went for plaintiffs. Defendant appeals from the judgment and order denying a new trial.

The record discloses that on August 27, 1901, defendant entered into a written contract to buy of plaintiffs five carloads of prunes of certain sizes designated, to be delivered in the first half of October, f. o. b. at Visalia, packed in sacks or boxes, to be paid for on receipt of bill of lading. Subsequently the time for delivery was…

2Cited by1 opinion

  1. Cheda v. KockosCalifornia Court of Appeal · 1915

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