Llewellyn Steam Condenser Manufacturing Co. v. Malter

Citations

• 76 Cal. 242
• 18 P. 271
• 1888 Cal. LEXIS 866

Syllabus

<p>Instructions — Assumption op Controverted Fact. — An instruction which assumes, as proved, a material fact in controversy, in regard to which the evidence is conflicting, is erroneous.</p> <p>Id.—Goods Sold and Delivered — Purchase Price—Receipt and Acceptance —Evidence. — In an action for goods sold and delivered, held, that the evidence tended to show the price agreed to be paid for, and the receipt and acceptance of the goods.</p> <p>Id. —Instructions — Commission. —In an action to recover for goods sold and delivered under a contract whereby the purchasers were entitled to a certain percentage of the purchase price as a commission, an instruction that the plaintiffs were entitled to recover the entire purchase price, ignoring all reference to the deduction of the commission, is erroneous.</p>