Bullard v. Stone

Citations

• 67 Cal. 477
• 8 P. 17
• 1885 Cal. LEXIS 678

Syllabus

<p>CONTBACT FOB THE SAEE OF PeBSONAL PBOPEBTY—BbEACH OF BY SELLEB—Me AS-TEE of Damages. —The measure of damages in an action by the buyer against the seller to recover for the breach of a contract for the sale and delivery of personal property is prescribed by sections 3203 and 3354 of the Civil Code.</p> <p>In. — Money Paid to Thibd Pebson. —In such an action, money paid by the plaintiff to a third person, in pursuance of the contract, may be recovered from the defendant.</p> <p>New Tbial—Incompetent Evidence. — The admission of incompetent evidence, if not objected to at the trial, cannot be assigned as error on a motion for a new trial.</p> <p>Instbcction need not be Repeated.—The refusal to give an instruction which has already been given in substance is not error.</p>