Herman Levi & Co. v. Dimmick

Citations

• 99 Cal. 490
• 34 P. 79
• 1893 Cal. LEXIS 698

Syllabus

<p>Sale of Dates—Breach of Warrants as to Merchantable Valve—Contract for Two Kinds at Same Price—Evidence—Difference of Valve Inadmissible—Measure of Damages.—In an action to recover damages for the breach of an express warranty of the merchantable character of one kind of dates sold by the plaintiff to defendants, where the contract specified two kinds of dates, but made no distinction between them as to price or quantity of either kind, evidence as to the difference in market value of the two kinds of dates, for the purpose of showing that one kind furnished which were unmerchantable were worth less than the agreed price, is inadmissible; and the measure of damages is the difference between the contract price and the actual value of the dates as unmerchantable goods.</p>