A. C. Dauphiny & Co. v. Red Poll Creamery Co.
California Supreme Court
APPEAL from a" judgment of the Superior Court of Humboldt County. E. W. Wilson, Judge. The facts are stated in the opinion.
1Opinion of the Court
PRINGLE, C.
Appeal from judgment, with bill of exceptions. Appeal taken within sixty days after rendition of judgment. Action brought to recover the price of one hundred and eighty cords of wood at one dollar and seventy-five cents per cord. Defense, that there was no contract in writing and no receipt and acceptance of the wood.
*549It is not claimed that there was any contract in writing. The court below found that the wood was delivered upon the lands of the respondent, and near its creamery, but that no part of it was accepted and received, within the meaning of section 1739 of the Civil Code.…
2Cited by7 opinions
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- Gard v. RamosCalifornia Court of Appeal · 1913
- James Mack Co. v. Bear River Milling Co.Utah Supreme Court · 1924
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