Polhemus v. Heiman

Citations

• 50 Cal. 438

Syllabus

<p>Vebdiot of Jtjbt.—The affidavits of the jurymen who rendered a verdict, that they misunderstood its effect, cannot he received to impeach or defeat it.</p> <p>Wakrantx in Conteact.—If one party contracts to deliver to the other wool, “in good order,” and the latter agrees to accept and pay for it, the clause, “in good order,” is an express warranty.</p> <p>Evidence oe a Custom to Change Conteact.—If a contract for the delivery of wool contains an express warranty that it is to he delivered in good order, evidence of a custom which would relieve the warrantor from liability under it is not admissible.</p> <p>Account Stated.—The rule that acquiescence in an account after its delivery, by failing to make objections thereto within a reasonable time, makes it an account stated, does not apply where a party renders an account under a mistake -or misapprehension.</p>