Brackett v. Martens
California Court of Appeal
APPEAL from a judgment of the Superior Court of Santa Clara County, and from an order denying a new trial. A. L. Rhodes, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtCooper, J.
The complaint alleges that in February, 1896, the defendant sold and delivered to plaintiff one thousand French prune trees, and at the same time warranted to the plaintiff that they were merchantable French prune trees properly budded on Myrobolan roots; that plaintiff relied solely upon said warranty and paid defendant the .price therefor, $45; that all of said trees were not merchantable French prune trees, properly budded, nor were either or any of them properly budded on Myrobolan roots, but that they were all and each of them budded in an improper manner on an inferior and worthless…
2Cases cited7 opinions
- Lattin v. GilletteCalifornia Supreme Court · 1892
- Polhemus v. HeimanCalifornia Supreme Court · 1873
- Farrow v. Andrews & Co.Supreme Court of Alabama · 1881
- McDonald Manufacturing Co. v. ThomasSupreme Court of Iowa · 1880
- Byrne v. JansenCalifornia Supreme Court · 1875
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3Cited by7 opinions
- Southern California Enterprises, Inc. v. D. N. & E. Walter & Co.California Court of Appeal · 1947
- P. H. Sheehy Co. v. Eastern Importing & Mfg. Co.Court of Appeals for the D.C. Circuit · 1915
- Wyoming Railway Co. v. LeiterWyoming Supreme Court · 1917
- Williams v. LowenthalCalifornia Court of Appeal · 1932
- D.A. Foley Co. v. State of CaliforniaCalifornia Court of Appeal · 1931
2 more not listed; retrieve them via the Exa API.