Upstone v. Weir
California Supreme Court
Appeal from a judgment in favor of plaintiff, and from an order denying a new trial, in the Fourth District Court, City and County of San Francisco. Morrison, J. The facts are stated in the opinion.
1Opinion of the Court
Department No. 2, Sharpstein, J.:
This is an action for the recovery of a balance alleged to be due from the defendant to the plaintiff upon a written contract entered into between them, by which the plaintiff agreed to furnish, and the defendant to receive a certain quantity of ironwork at a stipulated price. In consequence of the defendant’s refusal to receive the quantity specified in the contract, the plaintiff furnished less than that quantity, but all that the defendant required or would receive. Upon this state of facts the plaintiff contends that he is entitled to recover the contract…
2Cases cited5 opinions
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- Black v. WoodrowCourt of Appeals of Maryland · 1874
- Hale v. TroutCalifornia Supreme Court · 1868
- Friedlander v. Pugh, Slocomb & Co.Mississippi Supreme Court · 1870
3Cited by7 opinions
- Sobelman v. MaierCalifornia Supreme Court · 1927
- M. P. Moller, Inc. v. WilsonCalifornia Supreme Court · 1936
- Winans v. Sierra Lumber Co.California Supreme Court · 1884
- Bellwood Discount Corp. v. Empire Steel Buildings Co.California Court of Appeal · 1959
- Marland Refining Co. v. DuniganSupreme Court of Oklahoma · 1924
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