Moore v. McKinlay & Garrioch
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, San Francisco County. The facts material to the points decided appear in the opinion of the Court.
1Opinion of the CourtMurray, C. J.
Heydenfeldt, J., concurred.
This was an action in the Court below, to recover the amount paid by the plaintiff to the defendants for the purchase of an invoice of garden seeds.
It is in evidence, that after the arrival of the vessel, the plaintiffs were requested to open and inspect the seeds, but declined to do so, and paid for them. They were afterwards tested, and found to be almost wholly worthless. In order to maintain this action, the plaintiffs must show either an express or implied warranty. The sale note is as follows: “We have this day sold you two shipments of seeds for arrival,” &c
Th…
2Cases cited3 opinions
- Hart v. WrightNew York Supreme Court · 1837
- Flint v. LyonCalifornia Supreme Court · 1854
- Ruiz v. NortonCalifornia Supreme Court · 1854
3Cited by6 opinions
- Lamb v. OttoCalifornia Court of Appeal · 1921
- Tustin Fruit Assn. v. Earl Fruit Co.California Supreme Court · 1898
- Reynolds v. PalmerU.S. Circuit Court for the District of Western North Carolina · 1884
- Knott v. FrushOregon Supreme Court · 1867
- Loose v. FlickingerCalifornia Court of Appeal · 1932
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