Giffen v. Selma Fruit Co.
California Court of Appeal
APPEAL from a judgment of the Superior Court of Fresno County, and from an order denying a motion for new trial. H. Z. Austin, Judge. The facts are stated in the opinion of the court. Strother & Strother, and Harris & Perkins, for Appellant.
1Opinion of the CourtCooper, P. J.
This action was brought to recover damages for breach of contract, and was tried before a jury. A verdict was returned for plaintiff, upon which judgment was duly entered. This appeal is from the judgment and order denying defendant’s motion for a new trial.
The facts are in substance as follows: In September, 1904, the defendant entered into a contract in writing with L. F. Giffen and Co. (plaintiff’s assignor) by the terms of which it agreed to seed and pack in a first-class manner the raisins of Giffen & Co. for the season of 1904-5 at the rate of $1.35 per hundred pounds.
In December, 1904,…
2Cases cited5 opinions
- Pope v. AllisSupreme Court of the United States · 1885
- Gardiner v. McDonoghCalifornia Supreme Court · 1905
- Dodge v. MeyerCalifornia Supreme Court · 1882
- Hilmer v. HillsCalifornia Supreme Court · 1902
- Taylor v. . SaxeNew York Court of Appeals · 1892
3Cited by2 opinions
- Rich v. State Board of OptometryCalifornia Court of Appeal · 1965
- Alonso v. BadgerCalifornia Court of Appeal · 1943