Keller v. Ybarru

Decided April 15, 1853

California Supreme Court · decided 1853-04-15

This action was brought upon an agreement between the plaintiff and defendant, which set forth, that about the 15th day of June, 1852, the plaintiff and defendant entered into a contract, whereby the defendant agreed with the plaintiff to sell, and pick from the vines, and deliver to plaintiff, at the vineyard of defendant, so many of the grapes then growing in said vineyard, as plaintiff should wish to take the present year, the plaintiff to have the first grapes that were…

Cited in Bouvier (1914)’s definition of “Assent”

Good law ✅— No negative treatment on recordhow we know

Decided 1853-04-15

How this case has been cited

Cited by 5 later decisions — most recently October 1920

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Heydenfeldt, Justice,

¶1delivered the opinion. Wells, Justice, concurred.

¶2When 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.

¶3The court below, therefore, erred in deciding for the defendant, and the judgment is reversed, with costs.