Shearer v. Park Nursery Co.
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. The facts are stated in the opinion.
1Opinion of the Court
Vanclief, C.
The defendant being a corporation engaged in the business of raising and selling nursery fruit-trees, the plaintiff, on March 7, 1891, ordered from it five hundred nursery peach-trees of specified varieties, namely, two hundred Susquehanna, two hundred Muir, and one hundred Solway, and thereupon defendant sold and delivered to plaintiff five hundred young trees at the price of twenty cents apiece, representing them to be of the varieties and in the proportions ordered, and so labeled them. The plaintiff did not know, and had no means of ascertaining, whether or not the trees were…
2Cases cited3 opinions
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
- Montgomery v. LockeCalifornia Supreme Court · 1887
- Hughes v. BrayCalifornia Supreme Court · 1882
3Cited by27 opinions
- Aced v. Hobbs-Sesack Plumbing Co.California Supreme Court · 1961
- Germain Fruit Co. v. J. K. Armsby Co.California Supreme Court · 1908
- Posz v. BurchellCalifornia Court of Appeal · 1962
- Firth v. RichterCalifornia Court of Appeal · 1920
- Grisinger v. HubbardIdaho Supreme Court · 1912
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