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TOMLINSON v. WANDER SEED & BULB CO.

Docket No. 23732.

177 Cal.App.2d 462 (1960)

2 Cal. Rptr. 310

F.C. TOMLINSON, Respondent, v. WANDER SEED AND BULB COMPANY (a Corporation) et al., Appellants.

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

January 27, 1960.

Attorney(s) appearing for the Case

Edward M. Raskin and Gerald E. Lichtig for Appellants.

Donald E. Feeley for Respondent.

VALLÉE, J.

Appeal by defendants from a judgment for plaintiff in an action for damages for breach of a contract to deliver dichondra seed.

The contract on which the action was based provided for the sale of 2,000 pounds of dichondra seed by defendants, wholesalers of seeds and bulbs, to plaintiff, operator of a nursery, at a total price of $8,000. Defendants delivered only 744 pounds. They contend that under the terms of the contract they were excused...

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