Legal Opinion
Blackwood v. Cutting Packing Co.
California Supreme Court
Decided May 19, 1888No. 11111PublishedCited by 77 opinions
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The facts are stated in the opinion.
1Opinion of the Court
Hayne, C.
Action for the price of apricots alleged to have been sold to defendant. Defense, the breach of an implied warranty as to quality.
The contract was in two parts. The part signed by the defendant was as follows:—
“San Francisco, Sept. 17, 1881.
“Bought of W. C. Blackwood his crop of apricots at Haywards, for the seasons of 1882, 1883,1884, 1885, and 1886, not less than seventy-five tons and not exceeding two hundred tons per annum, at three cents per pound, f. o. b. (free on board cars at) Haywards.
“ Cutting Packing Company,
“By A. D. Cutler.”
*214The part signed by the plaintiff was similar…
2Cases cited15 opinions
- The Elgee Cotton CasesSupreme Court of the United States · 1875
- Dixon v. DukeIndiana Supreme Court · 1882
- Adams v. O'ConnorMassachusetts Supreme Judicial Court · 1868
- Anderson v. . ReadNew York Court of Appeals · 1887
- McLaughlin v. PiattiCalifornia Supreme Court · 1865
10 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Universal Sales Corp. v. California Press Manufacturing Co.California Supreme Court · 1942
- Woodbine v. Van HornCalifornia Supreme Court · 1946
- Shoemaker v. AckerCalifornia Supreme Court · 1897
- J. S. Potts Drug Co. v. BenedictCalifornia Supreme Court · 1909
- People v. SingCalifornia Court of Appeal · 1919
72 more not listed; retrieve them via the Exa API.