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Contracts Keyed to Marshall
Germain Fruit Co. v. J.K. Armsby Co.
Citation:96 P. 319 (1908)
The plaintiff purchased a lot of dried apricots from defendant to be resold in the markets in cities east of the Rocky Mountains. The defendant, knowing such purpose, warranted said fruit to be according to certain samples delivered to plaintiff. The fruit was in Pomona and the sale took place in Los Angeles and plaintiff relied upon such samples for quality and weight and had no opportunity to inspect the bulk of the fruit. Plaintiff paid to defendant the full amount of the purchase price $4,352.25, and delivery for shipment was made f. o. b cars at Pomona, as agreed. Plaintiff, without examination, shipped the fruit to the city of Philadelphia for sale, where its representative, on inspection, discovered it to be inferior in quality to the samples shown, and light in weight. After notice to defendant and the refusal of the latter to take any action in the matter, plaintiff sold the apricots in the market at Philadelphia for $3,225.78 over and above the freight and usual and necessary expenses of making the sale, which was the best price obtainable for such apricots. Had the apricots been of the quality of the samples exhibited to plaintiff, they could and would have been sold by it in Philadelphia for the sum of $4,974, in excess of freight and expenses of sale.
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