Jones v. Post
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. The record shows that Woods, the assignor of the plaintiff, made a contract with the defendants as agents of A. B. Thompson, for the purchase of four hundred and fifty steers and three thousand head of sheep, to be delivered by Thompson on an agreed notice; and Woods, by its terms, at the time of its execution paid $3,862 50, on account of the contract, which sum was to bear interest at the rate of five per cent,…
Read the full summary
Appeal from the Superior Court of the City of San Francisco. The record shows that Woods, the assignor of the plaintiff, made a contract with the defendants as agents of A. B. Thompson, for the purchase of four hundred and fifty steers and three thousand head of sheep, to be delivered by Thompson on an agreed notice; and Woods, by its terms, at the time of its execution paid $3,862 50, on account of the contract, which sum was to bear interest at the rate of five per cent, per month until the complete performance of the contract, when it was to be applied to payment for the stock. The…
1Opinion of the CourtJustice Heydenfeldt
Mr. Justice Terry concurred.
By the terms of the contract, it is clear that at least a portion of the cattle and sheep were to he delivered in each of the months named in the contract. As to what particular time in each month the delivery was to take place, depended upon the subsequent agreement of the parties.
When however the defendants, on the-day of April gave to the plaintiff a delivery order for a certain number of sheep, this order, accepted by the plaintiff, fixed the time of delivery. It was then to be made within a reasonable and convenient time after the presentation of the order.
When…
2Cited by8 opinions
- Singer Manufacturing Co. v. ForsythIndiana Supreme Court · 1886
- McCarthy v. Gaston Ridge Mill & Mining Co.California Supreme Court · 1904
- Courtwright v. Bear River & Auburn Water & Mining Co.California Supreme Court · 1866
- Sebastian International, Inc. v. PeckCalifornia Court of Appeal · 1987
- Howland v. AitchCalifornia Supreme Court · 1869
3 more not listed; retrieve them via the Exa API.