Barkley-Gray Grocer Co. v. Kelley Cigar Co.

Citations

• 6 Cal. Unrep. 990
• 69 P. 852
• 1902 Cal. LEXIS 887

Syllabus

<p>Sale by Sample—Breach of Contract—Evidence.—Unequivocal testimony of purchaser’s agent that cigars shipped were greatly inferior to samples, thus breaking contract, is not contradicted by testimony of defendant’s agent that samples used were honestly selected by him, without intention to defraud, and of persons claiming to be experts that cigars of the same brand shown in court were good cigars, and of a former salesman of the manufacturer that it made only one class of cigars, and all of the same quality.</p>