Kirkman Nurseries v. Sargent
California Court of Appeal
APPEAL from a judgment of the Superior Court of Fresno County. H. Z. Austin, Judge. Affirmed. The facts are stated in the opinion of the court.
1Opinion of the Court
KERRIGAN, J.,
This is an appeal by defendant from a judgment in favor of the plaintiff in an action of claim and delivery to recover the possession of a quantity of growing nursery stock.
The plaintiff and one B. F. Rose, on February 15, 1915, entered into a written contract, by the terms of which the plaintiff was to deliver to Rose one hundred thousand fig cuttings of assorted varieties free of charge, which Rose was to plant and raise upon his land, and during the winter of 1915-16, and again in the winter of 1916^-17, deliver to plaintiff such of said cuttings as should have developed into…
2Cases cited2 opinions
- Hendy v. DinkerhoffCalifornia Supreme Court · 1880
- Western Union Tel. Co. v. Modesto Irrigation Co.California Supreme Court · 1906
3Cited by5 opinions
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- Frick v. Frigidaire Corp.California Court of Appeal · 1932
- Jackson & Perkins Co. v. Stanislaus County Board of SupervisorsCalifornia Court of Appeal · 1959