Stevens v. Stewart
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. This action was brought for the recovery of $714, the price of 408 gallons of turpentine, which the complaint charges that the defendant bought of the plaintiffs, on the 4th August, 1852, which was at the time of the contract on board the ship Hamburg, and that the plaintiffs gave an order to the defendant for the same at the time of the purchase aforesaid, and which, the plaintiffs allege, was within a reasonable…
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Appeal from the Superior Court of the City of San Francisco. This action was brought for the recovery of $714, the price of 408 gallons of turpentine, which the complaint charges that the defendant bought of the plaintiffs, on the 4th August, 1852, which was at the time of the contract on board the ship Hamburg, and that the plaintiffs gave an order to the defendant for the same at the time of the purchase aforesaid, and which, the plaintiffs allege, was within a reasonable time, to wit, the 13th day of August, discharged from the said vessel, of which notice was given to the defendant, with…
1Opinion of the CourtHeydenfeldt, Justice
Wells, Justice, concurred.
The defendant relies on the Statute of Frauds. To avoid this defence the plaintiffs show, that after the parol agreement for the sale of the goods, they delivered to defendant an order upon the master of the vessel for the goods. It appears that upon presenting the order, the defendant was answered that the goods were not ready to be discharged, and would not be for several days, whereupon he abandoned the contract.
It is now insisted by the plaintiffs that the delivery of an order for the goods, was such a delivery as takes the case out of the Statute of Frauds.
Severa…
2Cited by6 opinions
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- Meyer v. StortenbeckerSupreme Court of Iowa · 1917
- Feltenstein v. SteinIllinois Supreme Court · 1895
- Cofield v. ClarkSupreme Court of Colorado · 1873
- Back v. SmithWest Virginia Supreme Court · 1909
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