Ghirardelli v. McDermott
California Supreme Court
Appeal from the Fourth Judicial District. The complaint, which is verified, alleges a sale and delivery of two hundred mats of rice to defendant at San Francisco, for which he promised to pay eight hundered and fifty dollars.
Read the full summary
Appeal from the Fourth Judicial District. The complaint, which is verified, alleges a sale and delivery of two hundred mats of rice to defendant at San Francisco, for which he promised to pay eight hundered and fifty dollars. The answer, also verified, in its first clause denies, in a conjunctive form, the allegations of the complaint as to a sale and delivery at San Francisco of two hundred mats of rice at the price of eight hundred and fifty dollars; and in the second clause sets up a conditional purchase and avers a breach of the condition by plaintiff; and in a third clause, for a…
1Opinion of the CourtCrooker, J.
This is an action to recover the price of a quantity of rice alleged to have been sold and delivered by the plaintiff to the defendant. The defendant recovered a judgment of nonsuit, from which the plaintiff appeals. The pleadings are under oath, and the plaintiff moved for judgment on the pleadings, which was overruled, and this is assigned as error. The first part of the answer is clearly insufficient, as it denies the allegations of the complaint in the con*541juncture ; but in a subsequent portion of the answer the defendant distinctly denies that the plaintiff ever delivered the rice in…
2Cases cited1 opinion
- Horr v. BarkerCalifornia Supreme Court · 1857
3Cited by5 opinions
- Landers v. BoltonCalifornia Supreme Court · 1864
- Frontier Milling & Elevator Co. v. Roy White Co-operative Mercantile Co.Idaho Supreme Court · 1914
- Norris v. LillyCalifornia Supreme Court · 1905
- Davis v. RussellCalifornia Supreme Court · 1878
- Lewis-Simas-Jones Co. v. C. Kee & Co.California Court of Appeal · 1915