Lyon v. BertramAnnotate this Case
61 U.S. 149
U.S. Supreme Court
Lyon v. Bertram, 61 U.S. 20 How. 149 149 (1857)
Lyon v. Bertram
61 U.S. (20 How.) 149
Where there was a contract for the purchase of a cargo of flour and a portion of it was delivered, paid for, and used by the purchaser, he cannot repudiate the contract upon the ground that the brand upon the flour was not that for which he contracted.
The cases upon this point examined.
Where the statute of limitations imposes a bar upon certain species of contracts after three years, and upon others after two years, and the plea did not show that the contract in question was of the latter class, the plea was bad.
The laws of California require that actions shall be prosecuted in the name of the real party in interest and that all parties having an interest in the subject of the action may be joined. So that this statute is complied with, it is not a fatal objection that the respective interests of parties jointly concerned are not accurately set forth.
The facts are particularly stated in the opinion of the Court.
Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.