Cochran v. Jewell

Belcher, C. C. This is an action to recover damages for the breach of a contract alleged to have been made on the twenty-fourth day of November, 1882, for the sale and delivery to plaintiff of ninety-seven bales of hops weighing 14,596 pounds, at the price of eighty cents per pound.

The case was tried before a jury, and a verdict was returned in favor of plaintiff for $2,189.40, on which judgment was entered. The defendant moved for a new trial, and the plaintiff was required by the court to remit from his judgment $729.40, and having done so, the motion was denied. The defendant then appealed from the judgment and order.

■. When the alleged contract was made, the defendant resided and had his hops in Sonoma County. The contract was made through the agency of his son and a broker in the city of San Francisco. It is claimed for the appellant that neither the son nor the broker had any authority to sell the hops for less than ninety cents per pound, and the contract was therefore made without authority, and was void.

On the other hand, it is claimed, and we think there was testimony tending to show, that the contract, was ratified by the defendant after he had knowledge of it. We cannot therefore reverse the judgment on the ground that the verdict was not justified by the evidence.

It is further claimed for the appellant that the court erred in giving and refusing instructions to the jury.

After carefully looking at the instructions, we are un[511]able to see that any substantial error was committed in this respect. The instructions given by the court, of its own motion and at the request of the parties, seem to cover all the points involved, and to fully, fairly, and correctly state the law of the case.

But we are unable to see why, when the court below was requiring the plaintiff to remit from his judgment an amount equal to five cents for each pound of the hops, it did not make the amount equal to ten cents. It appears from the evidence that a few hours after the contract of sale was made, the son went back to the broker’s office and told the broker that “he had sold too cheap,” and that he wished to have the contract canceled. The son and broker then went to the plaintiff’s office and asked him to cancel the contract. The plaintiff declined, and according to his testimony, the following conversation was had:—