M. A. Newmark & Co. v. Smith
California Court of Appeal
APPEAL from a judgment of the Superior Court of Santa Barbara County and from an order denying a new trial. Robert M. Clarke, Judge presiding. The facts are stated in the opinion of the court.
1Opinion of the Court
This is an action to recover damages alleged to have been sustained by reason of defendant's partial default in delivering a quantity of beans in accordance with his contract so to do. The verdict of a jury called to try the case was in favor of defendant. Judgment followed in accordance therewith, from which, and an order denying its motion for a new trial, plaintiff appealed.
On July 10, 1911, plaintiff bought from defendant one thousand bags of "choice, recleaned, small white beans of the crop of 1911," to be delivered in October, f. o. b. cars at Santa Maria, California, for which it…
2Cases cited4 opinions
- Pope v. AllisSupreme Court of the United States · 1885
- Columbian Iron Works & Dry Dock Co. v. DouglasCourt of Appeals of Maryland · 1896
- McNeal v. BraunSupreme Court of New Jersey · 1891
- Hudson v. Germain Fruit Co.Supreme Court of Alabama · 1891
3Cited by5 opinions
- Brock v. Newmark Grain Co., Inc.California Court of Appeal · 1923
- Humphry v. Farmers Union & Milling Co.California Court of Appeal · 1920
- Puritas Coffee & Tea Co. v. De MartiniCalifornia Court of Appeal · 1922
- C.O. Bashaw Co. v. A. U. Pinkham Co.California Court of Appeal · 1926
- Turlock Merchants & Growers, Inc. v. SmithCalifornia Court of Appeal · 1926