Blackwood v. Cutting Packing Co.

Citations

• 76 Cal. 212
• 18 P. 248
• 1888 Cal. LEXIS 860

Syllabus

<p>Agreement to Sell Property not in Existence—Implied Warranty as to Quality. — One who agrees to sell the crop of fruit of a future season gives an implied warranty as to quality.</p> <p>Id. —Passing op the Title. —In such case the title does not pass in the absence of circumstances showing a contrary intention; and therefore the transaction is an agreement to sell as distinguished from a sale.</p> <p>Id. — Cash on Delivery. — Where the terms are cash on delivery, and there has been neither payment nor delivery, the title does not pass, in the absence of circumstances showing a contrary intention.</p> <p>Id. — Goods not in Deliverable Condition. —Where it is thé duty of the vendor to put the goods into a deliverable condition, and he has not done so, the title does not pass, in the absence of circumstances showing a contrary intention.</p> <p>Id. —Goods not Identified. —If the goods are not identified, the title does not pass, in the absence of circumstances showing a contrary intention.</p> <p>Id. —The Word “Sold.” — As against the controlling features above mentioned, the word “sold” is not conclusive.</p> <p>Acceptance — Waiver. — The buyer does not lose Ms rights arising from a breach of warranty by accepting and using a portion of the goods, if it was- agreed at the time of such acceptance that the rights of the parties were not to he affected thereby.</p>