De Bakcsy v. Strain

California Court of Appeal Mar 26, 1923 No. Civ. No. 3792.Published

Before: Craig, Finlayson, Works

AI Brief

AI-generated · verify before citing

Holding. The court held that the evidence was insufficient to support the findings of a breach of contract because the plaintiff failed to prove the defendant defaulted on the specific delivery and bill of lading surrender requirements.

Issues

Whether the evidence presented at trial was sufficient to support the findings that the defendant breached the contract by failing to deliver grapes or surrender bills of lading.
Whether an action for money had and received is an appropriate remedy for a vendee when a vendor breaches an executory contract.

Disposition. reversed

Quotations verified verbatim against the opinion

“the evidence introduced in the instant case was extremely meager. There was no testimony concerning the matter of delivery.”

“to say that the witness did not receive the fruit is entirely insufficient to prove default in complying with the condition for delivery on board cars.”

“Because the evidence is insufficient to support the findings ;in the particulars pointed out the judgment is reversed.”

CRAIG, J.

This is an appeal from a judgment rendered against the defendant. The parties entered into two written contracts for the sale to plaintiff by defendant of Muscat grapes. At the time of the execution of each contract plaintiff paid defendant two hundred dollars as part of the purchase price. Upon the trial these facts were shown. No evidence was offered for the defense. The action is for money had and received and the findings are of the facts

[520]

customarily found in such actions where judgment is for the plaintiff.

Appellant contends, as he did upon the trial, that the evidence does not sustain the findings and that the facts proved fail to make a

prima facie

case against him. The contracts are identical in form. Those portions of them which are relevant here are as follows:

“This Agreement, Made and entered into this 8th day of July, 1920, by and between National Fruit Exchange of Los Angeles, Cal., the party of the first part, and Hungarian Grape and Fruit Co., party of the second part— “Witnesseth: That the said party of the first part agrees to sell and deliver to the said party of the second part One carload of Muscat Grapes, to be delivered by the party of the first part to the party of the second part on board cars at Hanford or San Bdo Districts and Bill of Lading to be surrendered by the said party of the first part to the second party’s representative at Fresno or Los Angeles on payment for ear. . . .

“The purchase price agreed to be paid by said party of the second part to said party of the first part for the aforesaid grapes in the sum of Eighty-six ($86.00) Dollars per ton, f. o. b. shipping point, payment to be as follows:

“Two Hundred Dollars ($200.00) per car or a total of Two Hundred Dollars on the execution and delivery of this agreement, receipt of which is hereby 'acknowledged.

“The balance of the purchase price for each car, after deducting said sum of Two Hundred Dollars ($200.00) on each car aforesaid, shall be payable on surrender of B/L by party of the first part to party of the second part.

De Bakcsy v. Strain

AI Brief

CRAIG, J.

More from California Court of Appeal

Related research

AI Brief