Silberhorn Co. v. Wheaton

Citations

• 5 Cal. Unrep. 886
• 51 P. 689
• 1897 Cal. LEXIS 966

Syllabus

<p>Sale—Breach of Warranty.—The Damages Sustained where defendants purchased from plaintiff, under a contract of sale, subject to the warranties declared under Civil Code, sections 1768-1771, two carloads of hams, which proved unmerchantable, and which defendants were compelled to sell at reduced prices, would be, where the contract price was not all paid, the difference between the amount the hams should have sold for if up to the standard agreed upon and the price actually realized, less the balance due on the contract price, together with the cost of freight and smoking, which charges defendants were to pay.1</p> <p>Appeal.—Findings of the Trial Court, Unsupported by any evidence, are cause for reversal.2</p>