Legal Opinion
Bercut v. Park, Benziger & Co.
Court of Appeals for the Ninth Circuit
Decided July 18, 1945No. 10823PublishedCited by 10 opinions
1Opinion of the Court
HEALY, Circuit Judge.
In January 1943 Pierre and Jean Bercut (appellants) contracted to sell to one Serge Hermann 60,000 cases of wine, deliveries to be made at monthly intervals over a period of three years. The contract was made and was to be performed in California. Hermann assigned the contract to appellee Park, Benziger & Company, herein for brevity sometimes called the buyer. In April 1943, before deliveries commenced, the Bercuts announced that they would make no deliveries. The buyer, electing to treat the announcement as an anticipatory breach, brought suit and was awarded damages in…
2Cases cited15 opinions
- Natural Soda Products Co. v. City of Los AngelesCalifornia Supreme Court · 1943
- Hacker Pipe & Supply Co. v. Chapman Valve Manufacturing Co.California Court of Appeal · 1936
- Sobelman v. MaierCalifornia Supreme Court · 1927
- Orester v. Dayton Rubber Manufacturing Co.New York Court of Appeals · 1920
- McKay v. RileyCalifornia Supreme Court · 1884
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3Cited by10 opinions
- Don Brown, Josef H. Miller and Allen L. McAlear v. Avemco Investment CorporationCourt of Appeals for the Ninth Circuit · 1979
- Jegen v. BergerCalifornia Court of Appeal · 1946
- Morello v. Growers Grape Products Assn.California Court of Appeal · 1947
- Local 127, United Shoe Workers of America v. Brooks Shoe Manufacturing Co.Court of Appeals for the Third Circuit · 1962
- Local 127, United Shoe Workers Of America, Afl-Cio v. Brooks Shoe Manufacturing CompanyCourt of Appeals for the Third Circuit · 1962
5 more not listed; retrieve them via the Exa API.