Hewes v. Germain Fruit Co.

Citations

• 106 Cal. 441
• 39 P. 853
• 1895 Cal. LEXIS 625

Syllabus

<p>Contract for Sale of Raisins—Curing—Delivery.—An agreement for the sale of a crop of raisins, which provides that “raisins now uncared to be cured and delivered at packing-house in good order,” does not require that the raisins should be cured when brought to the pack, ing-house. Such provision is complied with if the raisins are properly cured after being brought to the packing-house, and in such condition are delivered to the purchaser.</p> <p>Id.—Executory Contract—Title.—Such contract, as to the uncured raisins, was executory, and the title thereto did not pass to the purchaser in the absence of a delivery and payment of the purchase price, in accordance with the terms of the contract.</p> <p>Id.—Measure of Damages—Breach by Buyer—Value.—Upon the refusal of the purchaser to accept and pay for such raisins when delivery was tendered him by the seller the latter is not required, in order to recover of the purchaser the difference between the contract price and the value of them to him, to sell them in the manner prescribed by the code for the sale of pledged property; if he does so sell them such sale is conclusive as to their value, while, if not so sold, he must prove their value to him in the action against the purchaser.</p> <p>Id.—Interest.—Under section 3311 of the Civil Code, in an action by the seller against the buyer to recover damages for the breach of a contract for the sale of personal property which had no established or reasonably well-known market value, interest on the excess of the contract price over the value of the property to the seller is not recoverable.</p> <p>Id.—Evidence.—In such action a contract between other parties, which was referred to in the contract on which the action was based, for the purpose of fixing certain of its conditions, is admissible in evidence.</p> <p>Id.—Evidence of Expert.—A witness for the plaintiff in such action, after testifying that he had examined the raisins and found them in good merchantable condition,