Woody v. Bennett

Citations

• 88 Cal. 241
• 26 P. 117
• 1891 Cal. LEXIS 677

Syllabus

<p>Practice — Conflicting Evidence — Presumption.'— In the supreme court, if the evidence is contradictory, that in support of the verdict must be assumed to be true.</p> <p>Contract — Performance—Refusal to Perform—Condition.—If one who is bound to perform a contract annexes an unwarranted condition to his offer of performance, it is, in effect, a refusal to perform.</p> <p>Sale for Certain Purposes — Unfitness for the Purpose —Damages.— If a stallion is sold for breeding purposes, evidence of his unfitness for such purposes is admissible on the question of damages.</p> <p>Id. —Damages. — Evidence of the nature and probable duration of the blemishes has relation to his value, and consequently is admissible on the question of damages.</p> <p>Id. —Damages. —Evidence as to what plaintiff paid for the stallion is admissible on the question of damages.</p>