Meyer v. Henry Cowell Lime & Cement Co.
California Court of Appeal
APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. Frank H. Smith, Judge presiding. The facts are stated in the opinion of the court.
1Opinion of the CourtHall, J.
This is an appeal from a judgment in favor of plaintiffs and from an order denying defendant’s motion for a new trial.
Plaintiffs sold defendant a cargo of cement, at the agreed price of $2.90 per barrel,.payable on delivery, which was completed November 18, 1907. The amount payable under the contract, which was in writing, on that date, was $70,064.07. Upon account of the condition of the money market, defendant was unable to make payment in money, but did arrange with plaintiffs to procure for them a New York draft for fifty thousand dollars. Plaintiffs took the draft and discounted the same…
2Cases cited11 opinions
- Preston v. GrantSupreme Court of Vermont · 1861
- Harrison v. HendersonSupreme Court of Kansas · 1903
- Creighton v. GregoryCalifornia Supreme Court · 1904
- Brigham v. DanaSupreme Court of Vermont · 1856
- Curran v. RummellMassachusetts Supreme Judicial Court · 1875
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3Cited by5 opinions
- Whepley Oil Co. v. Associated Oil Co.California Court of Appeal · 1935
- Messer v. Tait's, Inc.California Court of Appeal · 1932
- Higson v. Montgomery Ward & Co.California Court of Appeal · 1968
- Horn v. Los Angeles Nut HouseCalifornia Court of Appeal · 1936
- Whepley Oil Co. v. Associated Oil Co.California Court of Appeal · 1935