(Download) "Joseph H. Lyon, Plaintiff in Error v. John Bertram" by United States Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Joseph H. Lyon, Plaintiff in Error v. John Bertram
- Author : United States Supreme Court
- Release Date : January 01, 1857
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Mr. Fessenden contended that the contract was entire; that it was an executed contract; that the term Haxall was descriptive merely, and not material; that if it was material, then it was an express warranty upon which the purchaser must rely, without rescinding the contract; and that the acceptance of a part was an acceptance of the whole. This suit was commenced by the defendants in error, to recover the price for a cargo of flour, bargained and sold to the plaintiff in error, in the city of San Francisco. The judgment of the Circuit Court was rendered upon a special verdict in favor of the plaintiffs in that court. The verdict finds that on the 13th January, 1853, the plaintiffs, and Flint, Peabody, & Co., were, jointly, the owners of a cargo of flour, consisting of two thousand barrels, branded, and which were in fact Gallego, then being on the barque Ork, lying at a public wharf in San Francisco, and composing its entire cargo of flour, which inspected 1,771 barrels superfine, and 229 bad.