Gray v. Long

Citations

• 4 Cal. Unrep. 724
• 37 P. 380
• 1894 Cal. LEXIS 1250

Syllabus

<p>Sale—Diseased Trees.—Plaintiff Sold to Defendant certain trees. It was provided that, on account of a disease with which the trees were affected, a certain percentage should be excepted. Defendant selected the' trees and they were shipped to him in another county. On account of an ordinance of the county to which the trees were shipped, adopted after the sale, defendant was prohibited from planting therein any of the trees which were diseased, and returned the same to plaintiff, who refused to receive them. Held, that plaintiff could recover for all of the trees selected by and shipped to defendant.</p> <p>Sale—Diseased Trees.—The Fact That an Ordinance of a county to which trees are shipped prohibits the planting of any diseased trees therein does not invalidate a sale of trees as to any diseased ones' included therein, where the sale was made in another county before the ordinance was adopted.</p>