Castle

H. Hackfeld Co., Ltd. v. Castle

Good Law
186 Cal. 53·1921 Cal. LEXIS 412·198 P. 1041
Supreme Court of CaliforniaJune 6, 1921S. F. No. 8884.California2,959 words

Opinion

Lead Opinion

Olnet, J.

The plaintiff, an exporting firm of the Hawaiian Islands, sold to the defendants, a jobbing firm of San Francisco, the output of honey of a certain Hawaiian brand, for t'he season of 1914. The output amounted to 1,946 cases, of which eight hundred were delivered and paid for. The defendants refused to accept the remaining 1,146 cases, and the plaintiff sold them at puiblic auction for the account of the defendants for a figure less than the contract price, and .brought the present action for the difference. Judgment went against the .plaintiff, and it appeals.

At the time the contract of sale was made, March, 1914, a regular line of steamers was' running between Honolulu and the Isthmus of Tehuantepec, there connecting with the railroad across the isthmus and by means of the railroad with vessels on the Atlantic side sailing between the isthmus and Atlantic ports. By means of this line, shipments could be made in regular course from Honolulu direct to European ports, including that of Hamburg. Such being the means of shipment from Honolulu ■ to Hamburg, the contract between the parties provided that the price was net f. o. b. Honolulu, payable on sight draft with shipping…

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