United States Supreme Court Cases & Opinions

U.S. Supreme Court

Lyon v. Bertram, 61 U.S. 20 How. 149 149 (1857)

Lyon v. Bertram

61 U.S. (20 How.) 149

Syllabus

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.

Page 61 U. S. 150

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.