Utter v. Chapman
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. This was an action to recover damages for breach of a contract, by which defendant agreed to furnish plaintiffs, who were owners of the steamboat “Lark” and her barge, with five hundred tons of grain, as freight, to he transported from Paradise City, in Stanislaus County, to Stockton, at two dollars per ton.
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Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. This was an action to recover damages for breach of a contract, by which defendant agreed to furnish plaintiffs, who were owners of the steamboat “Lark” and her barge, with five hundred tons of grain, as freight, to he transported from Paradise City, in Stanislaus County, to Stockton, at two dollars per ton. A former appeal of the same cause will he found reported in 38 Cal. 659. The material facts, as found by the Court below, are stated in the opinion. Defendant appealed.
1Opinion of the Court
By the Court,
Crockett, J.:
The only question on this appeal relates to the measure of damages for the breach of a contract between the plaintiffs and defendant, whereby the latter agreed to furnish the former five hundred tons of grain, to be transported as freight, at the rate of two dollars per ton, by way of the river, from Paradise City to Stockton. The plaintiffs were the owners of a steamboat and barge, whereon the grain was intended to be shipped; and they applied to the defendant for the grain in due time, and offered to perform the contract on their part; but the defendant refused to…
2Cited by12 opinions
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- Cederberg v. RobisonCalifornia Supreme Court · 1893
- Rosenberger v. Pacific Coast Railway Co.California Supreme Court · 1896
- Winans v. Sierra Lumber Co.California Supreme Court · 1884
- Greenebaum v. SmithCalifornia Court of Appeal · 1921
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