TURLOCK FROZEN FOODS, INC. v. GROM

Docket No. 24524.

187 Cal.App.2d 437 (1960)

9 Cal. Rptr. 663

TURLOCK FROZEN FOODS, INC. (a Corporation), Plaintiff and Respondent, v. EDWARD GROM, Appellant; PERRIN C. MILLER AND COMPANY (a Corporation) et al., Cross-defendants and Respondents.

Court of Appeals of California, Second District, Division Three.

December 16, 1960.


Attorney(s) appearing for the Case

Lee W. Landrum for Appellant.

Carlos J. Badger for Plaintiff and Respondent.

Earl S. Patterson and William P. Mealey for Cross-defendants and Respondents.


VALLÉE, J.

Appeal by defendant from an adverse judgment in an action for the agreed value of ollali berries sold by plaintiff to defendant.1 The defense was that the sale was by sample, and the berries did not correspond to the sample. The court found the sale was by description and the berries corresponded to the description — United States Department of Agriculture Grade B or better.

[1] The only question...

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