Willamette Steam Mills Lumbering & Manufacturing Co. v. Union Lumber & Supply Co.

Citations

• 94 Cal. 156
• 29 P. 773
• 1892 Cal. LEXIS 658

Syllabus

<p>Sale of Specific Quantity — Acceptance of a Part — Liability of Buyer. — Under a contract for the sale and delivery of a specified quantity of materials, if less than the quantity contracted for is delivered, the buyer may refuse to accept it, or if he has accepted a part, may return it and refuse to accept less than the whole; but if he accepts and retains a part, he is liable for its value.</p> <p>Market Price, how Shown.—The price paid for the purchase of materials is not the criterion of their value, unless it be shown that the amount of the cost was necessary or reasonable.</p>