Ruiz v. Norton

California Supreme Court

Ruiz v. Norton

4 Cal. 359

CourtCalifornia Supreme Court

DecidedOctober 15, 1854

StatusPublished

Cited by1 cases

This text of 4 Cal. 359 (Ruiz v. Norton) 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

Ruiz v. Norton, 4 Cal. 359 (Cal. 1854).

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Opinion

Mr. Justice Heydeneeldt

delivered the opinion of the Court.

Mr. Ch. J. Murray concurred.

When this case was here before, we reversed the judgment upon the ground that the defendants were not allowed to prove the unsoundness of the article delivered, and we held that if the unsoundness was established, the plaintiff could not recover upon the contract; but, to the extent of the delivery of the rice, he might recover its value upon the common counts. Upon this decision, we see no reason why the District Court should have granted a nonsuit upon the proof proposed.

Judgment reversed, and cause remanded.

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Mr. Justice Heydeneeldt

delivered the opinion of the Court.

Mr. Ch. J. Murray concurred.

When this case was here before, we reversed the judgment upon the ground that the defendants were not allowed to prove the unsoundness of the article delivered, and we held that if the unsoundness was established, the plaintiff could not recover upon the contract; but, to the extent of the delivery of the rice, he might recover its value upon the common counts. Upon this decision, we see no reason why the District Court should have granted a nonsuit upon the proof proposed.

Judgment reversed, and cause remanded.

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Bluebook (online)

4 Cal. 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruiz-v-norton-cal-1854.

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