Marshall v. Ferguson
California Supreme Court
Appeal from the Fifth Judicial District, San Joaquin County. Comstock died, leaving lands in San Joaquin County, and Hestres was appointed his administrator. A crop of grain was growing on the lands, but it was in the possession of other parties, the administrator not having reduced it to possession.
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Appeal from the Fifth Judicial District, San Joaquin County. Comstock died, leaving lands in San Joaquin County, and Hestres was appointed his administrator. A crop of grain was growing on the lands, but it was in the possession of other parties, the administrator not having reduced it to possession. The administrator gave Marshall, the plaintiff, a written lease of the land, and Marshall, about three weeks before the grain ripened, sold the growing crop to Ferguson, the defendant; Ferguson agreeing to pay him therefor six hundred and fifty dollars in grain. No note or memorandum in writing…
1Opinion of the CourtCrocker, J.
This is an action to recover six hundred and fifty dollars, for barley and wheat alleged in the complaint to have been sold by the plaintiff to the defendant. The case was tried by the Court, and after the plaintiff had closed his evidence the defendant moved for a nonsuit, which was refused. The Court, after hearing all the evidence, ordered judgment to be entered for the plaintiff, from which defendant appeals.
The first error assigned is that the Court erred in refusing the nonsuit. The evidence showed that the sale to the defendant was of growing crops of barley and wheat, and not of grain…
2Cases cited5 opinions
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Goodwin v. HolbrookNew York Supreme Court · 1830
- Bostwick v. LeachSupreme Court of Connecticut · 1809
- Smith v. BryanCourt of Appeals of Maryland · 1853
- Townsend v. WellsSupreme Court of Connecticut · 1809
3Cited by18 opinions
- Watson v. CommissionerUnited States Tax Court · 1950
- Davis v. McFarlaneCalifornia Supreme Court · 1869
- Durbin v. HillmanCalifornia Court of Appeal · 1920
- Yoakam v. HoganCalifornia Supreme Court · 1926
- Beckwith v. SheldonCalifornia Supreme Court · 1914
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