Legal Opinion

Whitaker v. Dunlap-Morgan Co.

California Court of Appeal

Decided November 5, 1919No. Civ. No. 2394PublishedCited by 7 opinions

APPEAL from a judgment of the Superior Court of Kern County. J. W. Mahon, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtJames, J.

Plaintiff, after verdict of a jury, had judgment for an unpaid balance alleged to be due from defendant on account of the sale of certain hay in the year 1915. An appeal was taken from the judgment.

The hay consisted in part of alfalfa and in part of barley. It was shipped from the central part of the state to the defendant at Los Angeles, and the defendant contended that, as to the barley hay, when it was received at the latter point it was “hot” and unmerchantable. The evidence offered on the part of the defendant was sufficient to establish the fact as to the condition of the hay being,…

2Cited by7 opinions

  1. Buckner v. A. Leon & Co.California Supreme Court · 1928
  2. Standard Oil Co. v. JohnsonCalifornia Court of Appeal · 1942
  3. Bowles v. JungDistrict Court, S.D. California · 1944
  4. Swerdfeger v. United Acceptance Corp.California Court of Appeal · 1935
  5. Bassi v. WaldenCalifornia Court of Appeal · 1923

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