Argenti v. Brannan
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, San Francisco Comity. Assumpsit for goods sold and delivered. On the 3d day of August, IBS'S, the defendant entered into a written contract with one Samuel Strong, by which Strong agreed to sell to the defendant a certain quantity of lumber, to be used in the construction of a building which the defendant was about erecting in San Francisco.
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Appeal from the District Court of the Fourth Judicial District, San Francisco Comity. Assumpsit for goods sold and delivered. On the 3d day of August, IBS'S, the defendant entered into a written contract with one Samuel Strong, by which Strong agreed to sell to the defendant a certain quantity of lumber, to be used in the construction of a building which the defendant was about erecting in San Francisco. In pursuance with the terms of the contract, Strong delivered the lumber by the first of September following, and took Brannan’s note, payable to himself, for the payment of the purchase…
1Opinion of the CourtHeydenfeldt, J.
Murray, C. J., concurred.
There was no privity of contract between the plaintiff and defendant. The latter purchased from Strong and knew him alone, and this cannot be relieved by a mere notice from the plaintiff that the lumber belonged to him. The notice at least recognized the right of Strong to sell the lumber, and so does the form of the action. Pro tanto, Strong was the agent pf the plaintiff without having disclosed his agency, and was entitled to collect the purchase price. The mere notice of Argénti to the defendant was insufficient to interrupt the completion of the performance of…
2Cited by8 opinions
- Cowan v. TrembleCalifornia Court of Appeal · 1931
- Hardy v. HuntCalifornia Supreme Court · 1858
- Wood Building Corp. v. GriffittsCalifornia Court of Appeal · 1958
- Bliss v. California Cooperative ProducersCalifornia Court of Appeal · 1952
- Carstensen & Anson Co. v. WrightIdaho Supreme Court · 1914
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