Driscoll v. Winters
California Supreme Court
APPEAL from a judgment of the Superior Court of Alameda County, and from an order denying a new trial. W. E. Greene, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtGaroutte, J.
Winters contracted to purchase of Driscoll sixteen three-gallon cans of milk daily for the period of one year. Tie agreed to pay Driscoll therefor forty-five cents per can. Myers entered into a writing guaranteeing the performance of this contract upon the part of Winters. A short time after this guaranty was given, by the mutual consent of Winters and Driscoll, and without the knowledge of Myers, the contract was modified to the extent that Winters should purchase only thirteen cans of milk daily. Hpon the expiration of the year, Winters failing to pay for the milk furnished, Driscoll…
2Cited by14 opinions
- Braun v. CrewCalifornia Supreme Court · 1920
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- Tuohy v. WoodsCalifornia Supreme Court · 1898
- Brock v. Western National Indemnity Co.California Court of Appeal · 1955
- Boteler v. ConwayCalifornia Court of Appeal · 1936
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