Vallens v. Tillmann

Citations

• 103 Cal. 187
• 37 P. 213
• 1894 Cal. LEXIS 746

Syllabus

<p>Contract fob Sale of Cigars—Samples—Inferior Quality—Abrogation of Contract—Liability of Purchaser.—Where a contract for the sale of cigars specified the brands to be furnished, which were to correspond to samples, and provided for a release from the agreement upon paying a specified sum, or such part thereof as may remain unpaid at the time of so electing to discontinue such purchases, the fact that the sellers had furnished cigars which did not come up to the samples which the ¡purchasers had taken and paid for does not justify the purchasers in abrogating the contract, and in declining to buy goods according to the contract; and if they decline to take any further goods, and notify the sellers that they will receive no more, the sellers have a right to recover, the unpaid balance of the sum specified by the contract.</p> <p>Id.—Instructions—Contradictory Charge—Errors Not Cured.— Where the oral charge of the court was confusing and contradictory, errors in giving instructions asked for by the respondents, and refusing instructions asked for by the appellants which correctly state the law, are not cured by such confusing and contradictory statements.</p>