Scribner

B. N. Scribner & Co. v. Schenkel

Good Law
128 Cal. 250·1900 Cal. LEXIS 1054·60 P. 860
Supreme Court of CaliforniaMarch 28, 1900S.F. No. 1323.California1,136 words

Opinion

Lead Opinion

Henshaw, J.

The appeal is from the judgment. The contention of appellant is that under the findings the judgment should have been for fourteen hundred and thirty-five dollars and thirty-four cents, in addition to the sum of two hundred and seventeen dollars and fifteen cents, the amount for which judgment was given.

The facts admitted or found hy the court are the following: One J. R. Crockett was in Glenn county, buying sheep and hogs. He entered into negotiations with plaintiff for the pur-, chase of some of the latter. ' On the eleventh day of October a letter was received hy the plaintiffs from the defendant, in which defendant “agreed with plaintiffs to pay for all the hogs which J. R. Crockett should buy.” Thereafter, on the sixteenth day of October, while the agreement of defendant was in full force and effect, and relying wholly upon the agreement, and giving credit solely upon the assurance of the agreement, plaintiffs sold to J. R. Crockett and J. R. Crockett bought of plaintiffs eight hundred head of hogs. The transaction was evidenced by the following writings, signed by the parties:

Thereafter, upon October 24th, seventy-six head of hogs, and on October 26th, eighty head of…

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