Spreckels
Tiffany & Co. v. Spreckels
Opinion
Lead Opinion
Curtis, J.
Action brought to recover upon a claim against the estate of John D. Spreckels, Jr., deceased. The claim was based upon an agreement whereby, it is contended, the deceased guaranteed the payment to appellant of the sum of £16,500, lawful money of the kingdom of Great Britain (equal to $80,350 in lawful money of the United States), being the cost price of a pearl necklace purchased of appellant by the wife of the deceased. It is undisputed that Mrs. Spreckels on or about the third day of June, 1920, purchased from Tiffany & Company at London, England, a pearl necklace, and agreed to pay therefor the sum of £16,500. The necklace was delivered to Mrs. Spreckels and she signed a receipt therefor. Shortly thereafter representatives of Tiffany & Company became apprehensive regarding the transaction and requested Mrs. Spreckels to return the necklace until she could furnish satisfactory references for credit. Mrs. Spreckels in the meantime had delivered the necklace to a Mr. Barrett, who had sold it, appropriated the proceeds, and absconded. She was, therefore, unable to return the necklace to Tiffany & Company, nor was she able to pay for the same. At the time of the purchase of the…