Tibbals Oakum Co. v. Meigs
California Court of Appeal
APPEAL from a judgment of the Superior Court of the City and County of San Francisco. Jas. M. Troutt, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtCooper, P. J.
action was brought to recover from defendant the balance due for 520 bales of oakum sold and delivered by the plaintiff to defendant at his request. The case was tried before the court, and findings filed, on which judgment was entered in favor of the plaintiff for $632.55, with costs. This appeal is from the judgment on the judgment-roll without a bill of exceptions.
It is claimed that the judgment is not the legal conclusion from the facts found. The defendant pleaded by way of defense that there was a warranty made by the plaintiff as to the quality of the oakum, and that by reason of a…
2Cases cited1 opinion
- Hodgman v. State Line & Sullivan RailroadAppellate Court of Illinois · 1892
3Cited by1 opinion
- Cohn v. Bessemer Gas Engine Co.California Court of Appeal · 1919