Keller v. Ybarru

California Supreme Court

Keller v. Ybarru

3 Cal. 147

CourtCalifornia Supreme Court

DecidedApril 15, 1853

StatusPublished

Cited by7 cases

This text of 3 Cal. 147 (Keller v. Ybarru) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Keller v. Ybarru, 3 Cal. 147 (Cal. 1853).

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Opinion

Heydenfeldt, Justice,

delivered the opinion. Wells, Justice, concurred.

When the agreement, which is the subject of this action, was first entered into, it amounted to a mere offer on the part of the defendant, which the plaintiff had th,e right to accept or reject, and the defendant to retract, at any time before acceptance. When, however, the plaintiff named the amount of grapes which he would take under the offer of the defendant, the contract was complete, and both parties were bound by it.

The court below, therefore, erred in deciding for the defendant, and the judgment is reversed, with costs.

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Heydenfeldt, Justice,

delivered the opinion. Wells, Justice, concurred.

When the agreement, which is the subject of this action, was first entered into, it amounted to a mere offer on the part of the defendant, which the plaintiff had th,e right to accept or reject, and the defendant to retract, at any time before acceptance. When, however, the plaintiff named the amount of grapes which he would take under the offer of the defendant, the contract was complete, and both parties were bound by it.

The court below, therefore, erred in deciding for the defendant, and the judgment is reversed, with costs.

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Bluebook (online)

3 Cal. 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keller-v-ybarru-cal-1853.

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