Ruiz v. Norton
Cases that cite this one
1 later published case cites this decision.
- Moore v. McKinlay & Garrioch (Cal. 1855)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion of the Court.
When this case was here before, we reversed the judgment upon the ground that the defendants were not allowed to prove the unsoundness of the article delivered, and we held that if the unsoundness was established, the plaintiff could not recover upon the contract; but, to the extent of the delivery of the rice, he might recover its value upon the common counts. Upon this decision, we see no reason why the District Court should have granted a nonsuit upon the proof proposed.
Judgment reversed, and cause remanded.
Note. — This opinion was delivered at this Terra. Tho preceding opinion in the lame ca»'- was delivered at the October Term, 1858.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.