Gard v. Ramos
California Court of Appeal
APPEAL from a judgment of the Superior Court of Alameda County and from an order refusing a new trial. John Ellsworth, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtRichards, J.
This is an action brought to recover the sum of $461.30, the value of certain goods, wares, and merchandise claimed to have been sold and delivered by plaintiff’s assignor to the defendant and which he refused to accept and pay for. The answer denied the contract to purchase the goods and also their delivery, and admitted the defendant’s refusal to receive and pay for them.
Upon the trial the plaintiff offered evidence of an oral agreement to purchase the goods, which evidence was admitted without objection on the part of the defendant. The plaintiff also offered proof of the delivery of the…
2Cases cited6 opinions
- Feeney v. HowardCalifornia Supreme Court · 1889
- A. C. Dauphiny & Co. v. Red Poll Creamery Co.California Supreme Court · 1899
- Booth v. A. Levy & J. Zentner Co.California Court of Appeal · 1913
- Jamison v. SimonCalifornia Supreme Court · 1885
- Wilson v. HotchkissCalifornia Court of Appeal · 1913
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3Cited by4 opinions
- Durbin v. HillmanCalifornia Court of Appeal · 1920
- San Francisco Brewing Corp. v. BowmanCalifornia Supreme Court · 1959
- Martin v. GoingCalifornia Court of Appeal · 1922
- Worrell v. AllenSupreme Court of Oklahoma · 1923