E. E. Thomas Fruit Co. v. Start

Citations

• 107 Cal. 206
• 40 P. 336
• 1895 Cal. LEXIS 735

Syllabus

<p>Contract for Services — Drying of Prunes — Implied Obligation of Skill.—Under a contract to render services for another in the drying of prunes, without specifying in the contract the degree of care or skill to be employed for the purpose, there is an implied obligation to dry the prunes in a proper and skillful manner, under the provisions of sections 1983 and 1984 of the Civil Code.</p> <p>Id.—Action for Services—Counterclaim for Negligence and Want of Skill.—In an action to recover promised compensation for the drying of prunes the defendants may counterclaim damages sustained by reason of the negligence and want of skill of the plaintiff in the performance of the contract, whereby the prunes were injured.</p> <p>Id.—Failure to Use Care and Skill—Finding—Conflicting Evidence. Where the evidence conflicts as to the failure of the plaintiff to exercise care and skill in drying the fruit, a finding of such failure will not be disturbed upon appeal, especially where the evidence appears to preponderate in favor of the conclusion of the trial court.</p> <p>Id.—Effect of Sale of Dried Prunes at Usual Prices—Liability for Want of Care.—The circumstance that the defendants sold at usual prices a large part of the prunes dried by the plaintiff and incurred no loss as to the portion sold, though it may be relevant evidence, and proper for consideration upon the question whether the value of the prunes was really lessened, and to what extent, cannot overcome a finding sustained by evidence that plaintiff failed to exercise care and skill in drying the fruit, nor exempt plaintiff from responsibility to the defendants for want of care and skill.</p> <p>Id.—Evidence—Boxes of Dried Prunes.—Boxes of prunes dried by the plaintiff being a finished and separable part of the manufactured product, the character of which was in question, may be properly received in evidence for the defendants; and the question whether they were fair samples or not goes only to the weight of the evi