Appellant purchaser sought review of an order from the Superior Court of the City and County of San Francisco - timscotty/timscotty GitHub Wiki

Procedural Posture Appellant purchaser sought review of an order from the Superior Court of the City and County of San Francisco (California), which entered judgment in favor of respondent seller's assignee in an action by the assignee to recover damages for breach of a contract for the sale of a large quantity of bags.

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The seller obtained title to the bags in a prior transaction, but they remained in possession of the manufacturer in pledge against the amounts due under that contract. Thereafter, the seller entered into the sales contract with the purchaser, who was aware that the bags were in the hands of the pledgee and that he was to deliver monies to the pledgee on the seller's account and to receive the bags from the pledgee. When the purchaser failed to fully pay for the bags, the pledgee resold them to reimburse itself the amounts due from the seller, and the seller assigned its claim against the purchaser to the assignee, who sought to recover the amount remaining due under the contract price after deduction of the resale proceeds and the amount that the purchaser had paid. In affirming, the court declined to disturb the jury's findings that the bags were not, as claimed, unfit for the purpose as allegedly warranted. In addition, the court rejected the purchaser's assertion that the pledgee, as the equitable assignee, was the proper party to bring the action and further found no error in, among other things, the trial court's refusal to grant a nonsuit in favor of the purchaser.

Outcome The court affirmed the trial court's judgment in favor of the assignee.