Quimbee logo
DMCA.com Protection Status
From our private database of 16,800+ case briefs...

Sterling v. Gregory

Supreme Court of California
85 P. 305 (1906)


Facts

A.E. Sterling (plaintiff) owned three orange groves in San Bernardino County known as the Upper Orchard, the Triangle, and Klondike. A. Gregory (defendant) entered into an agreement with Sterling to purchase all the oranges that Sterling grew in the Upper Orchard for one and one-quarter cents per pound. Sterling and Gregory also agreed that Gregory would handle, pack, ship, and sell all the oranges that Sterling grew in his Triangle and Klondike groves. Sterling broke his agreement to deliver oranges to Gregory from the Triangle and Klondike groves, instead selling those oranges to other buyers. Gregory had begun buying oranges from the Upper Orchard but stopped buying once Sterling began selling the Triangle and Klondike oranges elsewhere. Sterling was able to sell the remainder of the Upper Orchard oranges to other buyers, but at a lower cost. He sued Gregory for the difference between their contract price and the lower price at which he sold to other buyers. Gregory responded that his agreements with Sterling for all three orchards were part of one, indivisible contract. Gregory claimed that the price at which he agreed to purchase the Upper Orchard oranges was higher than market price as consideration for handling the fruit from the Triangle and Klondike groves. For this reason, Gregory rescinded the contract when Sterling breached. The trial court found in favor of Gregory. Sterling appealed, arguing that the contracts for the three orchards were separate contracts, rather than one contract.

Rule of Law

Issue

Holding and Reasoning (Sloss, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 449,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 449,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial