Shearer v. Park Nursery Co.

Citations

• 103 Cal. 415
• 37 P. 412
• 1894 Cal. LEXIS 793

Syllabus

<p>Sale of Fruit-trees to be Planted—Breach of Warranty of Quality—Time of Fruit-bearing—Measure of Damages.—Upon a sale of nursery fruit trees to be planted, which were warranted to be of certain specified varieties, and in the proportions ordered, many of which were first discovered to be of a different and inferior variety from either of those ordered, and of a kind which the purchaser did not desire, about two years after they had been planted and cultivated, when they began to bear fruit, the detriment caused by the breach of the warranty is the excess of the value which the trees would have had at the time when the trees first bore fruit, if the warranty had been complied with, over their actual value at that time.</p> <p>Id.—Construction of Code—Breach of Warranty—Time to Which Warranty Refers—Discovery of Breach.—In section 3313 of the Civil Code, which provides that “the detriment caused by the breach of the warranty of the quality of personal property is deemed to be the excess, if any, of the value which the property would have had at the time to which the warranty referred, if it had been complied with, over its actual value at that time,” the time to which the warranty of quality, in the sense of this section, refers, is not necessarily the time of the completion of the sale by delivery of the property, nor the time of the breach of the warranty, but is the time when the breach is discovered, or with ordinary care and attention might be discovered, by the purchaser.</p> <p>Id.—Fruit-trees Part of Land—Evidence—Value of Land.—Growing fruit-trees are a part of the land, and probably of no value when severed from it; and evidence of the value of the land is admissible in an action for breach of warranty of quality of such trees, and it is proper to prove how much the different kinds of trees added to the value of the land.</p> <p>Id.—Measure of Damages—Difference in Value of Land.—The difference between the value added to the land by the trees delivered an