Hughes v. Bray

Citations

• 60 Cal. 284
• 1882 Cal. LEXIS 444

Syllabus

<p>Warranty—Sale by Sample.—Where goods are sold by sample the law implies a warranty that the article shall not be inferior in quality to the sample; and if they are, the purchaser may accept them, and bring an action for the breach of warranty.</p> <p>Id.—Id.—Measure oe Damages.—In an action for breach of warranty of the quality of barley sold by defendant to the plaintiff, the Court instructed the jury in effect that the measure of damages was the difference between the market value of the barley actually delivered, and the market value of an equal quantity of barley of the same quality as the sample at the time of delivery.</p> <p>Held: The charge was in accordance with the rule contained in Section 3313, Civil Code.</p> <p>Id.—Id.—Custom—Usage.—The defendant offered to prove the existence of a general custom and usage among the grain dealers in San Francisco that sales of grain by sample are not considered complete until the buyer has actually inspected and accepted the grain sold. Held: The evidence was properly rejected.</p>