Legal Opinion

W. R. Grace & Co. v. Levy

California Court of Appeal

Decided March 30, 1916No. Civ. No. 1637PublishedCited by 5 opinions

APPEAL from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. Marcel E. Cerf, Judge. The facts are stated in the opinion of the court.

1Opinion of the Court

THE COURT.

This is an action for damages for the breach of an express warranty which accompanied the sale of a certain quantity of coffee bags to the plaintiff by the defendant. The complaint pleaded four causes of action in separate counts, each of which was identical in language save and except as to the dates and the amounts involved. The defendant answering denied all of the material allegations of the complaint save and except the allegation concerning the execution of the - contract and the giving of the warranty.

On the issues thus framed the cause was tried by the court without a jury,…

2Cases cited8 opinions

  1. Germain Fruit Co. v. J. K. Armsby Co.California Supreme Court · 1908
  2. Gould v. SteinMassachusetts Supreme Judicial Court · 1889
  3. Shearer v. Park Nursery Co.California Supreme Court · 1894
  4. McLaughlin v. KnoblochCalifornia Supreme Court · 1911
  5. North Alaska Salmon Co. v. Hobbs, Wall & Co.California Supreme Court · 1911

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Brandenstein v. JacklingCalifornia Court of Appeal · 1929
  2. Barrios v. Pacific States Trading Co.California Court of Appeal · 1919
  3. Porter v. GestriCalifornia Court of Appeal · 1926
  4. Raft River Land & Livestock Co. v. LairdIdaho Supreme Court · 1917
  5. Pann v. Fay Fruit Co.California Court of Appeal · 1930

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