Wood, Curtis & Co. v. Seurich
California Court of Appeal
APPEAL from a judgment of the Superior Court of Santa Cruz County, and from an order denying a new trial. Lucas F. Smith, Judge. The facts are stated in the opinion of the court. W. T. Jeter, C. M. Cassin, and L. T. Hatfield, for Appellant.
1Opinion of the CourtHall, J.
Plaintiff brought this action to recover damages for failure of defendant to deliver three carloads of apples under a contract, whereby defendant agreed to deliver to plaintiff ten carloads of Bellflower apples of a specified quality for a specified price, shipment to be made between Septem her 15, and November 15, 1903, at the convenience of the buyer, say one carload per week. Each car to be paid for upon delivery. Plaintiff’s claim for damages is for the alleged failure of defendant to deliver the eighth, ninth and tenth carloads of apples.
Defendant pleaded as a defense that plaintiff did…
2Cases cited19 opinions
- Coates v. SangstonCourt of Appeals of Maryland · 1853
- Canda v. . WickNew York Court of Appeals · 1885
- Johnson v. MossCalifornia Supreme Court · 1873
- Warren v. BeanWisconsin Supreme Court · 1858
- Painter v. PainterCalifornia Supreme Court · 1902
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3Cited by12 opinions
- Hale v. Sharp HealthcareCalifornia Court of Appeal · 2010
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- Lewis Publishing Co. v. HendersonCalifornia Court of Appeal · 1930
- Multani v. Knight, California Court of Appeal, 5th District2018
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