Morrell v. San Tomas Etc. Packing Co.
California Court of Appeal
APPEAL from a judgment of the Superior Court of Santa Clara. County, and from an order denying a new trial. John E. "Richards, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHall, J.
This is an appeal from a judgment and also from the order denying defendants’ motion for a new trial.
The defendants demurred to the complaint both generally and specially, and the first point to be considered concerns the action of the court in overruling this demurrer.
Plaintiff and defendants entered into a contract June 12, 1907, for the sale by plaintiff to defendants of a crop of prunes grown in 1907. The contract is in writing, and the facts pertinent to this discussion as set out in the complaint are as follows:
“Moulton’s Switch, Santa Clara Co., Cal.
“6/12, 1907.
“Received from the San…
2Cases cited1 opinion
- Hewes v. Germain Fruit Co.California Supreme Court · 1895
3Cited by6 opinions
- Taylor v. WrightCalifornia Court of Appeal · 1945
- Stanfield v. ArnwineOregon Supreme Court · 1921
- Yellowstone Sheep Co. v. Diamond Dot Live Stock Co.Wyoming Supreme Court · 1931
- Al-Husry v. Nilsen Farms Mini-Market, Inc.California Court of Appeal · 1994
- Morrell v. San Tomas Drying & Packing Co.California Court of Appeal · 1916
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