De Galler v. Maier Brewing Co.

Appeal from a judgment entered in favor of the defendant. On the sixth day of February, 1912, respondent made a written contract with one C. H. Lovell, which provided for the printing of fifty thousand baseball schedules upon cards, at the net price of ten dollars per thousand, delivery to be made not later than March 30th of the same year. A few days later a printing firm, doing business under the name of Provident Printshop, notified respondent that its order had been assigned to them by Lovell and that they would complete the same, and instructing respondent to make payment to appellant to whom, so the Printshop informed respondent, had been “assigned the collection of this bill.” Respondent accepted and “0. K.’d” this notification, but the printing not having been done within the time specified, respondent gave written notice to the printers rescinding the contract. It later made a second agreement, based upon different terms, with Lovell, and upon his having furnished the merchandise required under this second contract, they paid him the price agreed upon. Thereafter the appellant made demand upon respondent for the payment to him of the money, and as a basis for his claim…