Johnson-Locke Mercantile Co. v. Howard

Citations

• 6 Cal. Unrep. 748
• 65 P. 953
• 1901 Cal. LEXIS 1246

Syllabus

<p>Sale of Crop of Raisins.—Defendant, in Writing, Authorized Plaintiff to sell all his crop of raisins at specified prices and terms. Shortly after, plaintiff notified him by letter that sale had been so made, repeating the prices and terms and asking confirmation. Defendant answeredi that he wished to confirm sale to plaintiff of his entire crop at the prices and terms specified. Plaintiff answered, accepting the modification, making it the purchaser, and inquiring when the raisins would be ready for inspection and shipment. At the time defendant said the crop would be ready, plaintiff sent its agent, who inspected and accepted all except a few boxes, which he claimed were marked a grade too high; but said he would accept them at the grade they actually inspected. Afterward defendant refused to deliver any of the raisins. Held, that there was a contract binding on defendant to sell all his crop to plaintiff at the prices and terms specified.</p> <p>Sale—Tender.—Where, on a Contract for the Purchase of Raisins, plaintiff tendered its check for the proper amount in payment, and no objection was made to the amount or form of the tender, defendant cannot afterward object that the tender was not in money.</p> <p>Sale of Crop of Raisins.—Where Defendant Contracted to Sell ■his entire crop of raisins, to be Fresno grade, he could not invalidate the contract by marking boxes of a higher quality than the raisins would grade, but plaintiff was entitled to the crop at the actual grades by the standard agreed on in the contract.</p>