Legal Opinion
P. Pastene & Co. v. Greco Canning Co.
District Court, N.D. California
Decided August 30, 1920No. 16076PublishedCited by 3 opinions
At Law. Action by P. Pastene & Co., Incorporated, against the Greco Canning Company.
1Opinion of the Court
VAN FLEET, District Judge.
Action to recover for breach of contract to manufacture and deliver 3,000 cases of Salsa De Pomidoro, or Italian tomato paste, in the crop season of 1916. There was delivery under the contract of but 665 cases, or about 22 per cent, of the quantity contracted for, and the action proceeds upon the theory that the plaintiff is entitled to recover upon the basis of a full and complete delivery of the quantity contracted for.
The defense is based on this provision of the contract:
“In case of short pack, seller agrees to make pro rata delivery. If seller should be unable…
2Cases cited5 opinions
- Carnegie Steel Co. v. United StatesSupreme Court of the United States · 1916
- Sternbergh v. BrockSupreme Court of Pennsylvania · 1909
- Connersville Wagon Co. v. McFarlan Carriage Co.Indiana Supreme Court · 1905
- Newell v. New Holstein Canning Co.Wisconsin Supreme Court · 1903
- Vredenburg v. Baton Rouge Sugar Co.Supreme Court of Louisiana · 1900
3Cited by3 opinions
- Ranney-Davis Mercantile Co. v. Shawano Canning Co.Supreme Court of Kansas · 1922
- Citizens National Trust & Savings Bank v. Arrowhead Springs Beverage Co.California Court of Appeal · 1932
- Frey & Soy, Inc. v. MagnessCourt of Appeals of Maryland · 1931