American Steel Pipe & Tank Co. v. Hubbard
California Court of Appeal
The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
In this action plaintiff sought to recover for the price of a lot of oil orchard heaters sold and delivered to defendant upon her order in writing made therefor. Judgment went for plaintiff, from which defendant appeals.
The giving of the order is admitted in the answer, pursuant to which it is therein alleged “that said plaintiff did send certain heaters to the premises of this defendant, but denies that the same were of the class, character, or kind represented to this defendant or by her purchased.” As to this allegation the court found “that it is not true as alleged in defendant’s answer…
2Cases cited5 opinions
- United Iron Works v. Outer Harbor Dock & Wharf Co.California Supreme Court · 1914
- Kullman, Salz & Co. v. Sugar Apparatus Mfg. Co.California Supreme Court · 1908
- Jackson v. Porter Land and Water Co.California Supreme Court · 1907
- Byron Jackson Machine Works v. DuffCalifornia Supreme Court · 1910
- Treis v. Berlin Dye Works & Laundry Co.California Court of Appeal · 1909
3Cited by7 opinions
- El Zarape Tortilla Factory, Inc. v. Plant Food Corp.California Court of Appeal · 1949
- Franck v. J. J. Sugarman-Rudolph Co.California Supreme Court · 1952
- Alvernaz v. H. P. Garin Co.California Court of Appeal · 1932
- Carranza v. NoroianCalifornia Court of Appeal · 1966
- Aetna Carpet Co. v. PenznerCalifornia Court of Appeal · 1951
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