Dickerman

Dickerman v. Ohashi Importing Co.

Good Law
1923 Cal. App. LEXIS 219·63 Cal. App. 101·218 P. 458
Court of Appeal of CaliforniaJuly 21, 1923Civ. No. 4522.California2,271 words

Opinion

Lead Opinion

Richards, J.

This is an appeal from a judgment in favor of plaintiff in amount of $3,349.61. The plaintiff is the assignee of Harris Brothers, a firm engaged in business in Chicago, Illinois, and the defendant is an importing and exporting company doing business in San Francisco, California. The negotiations between the parties ivas carried on by means of telegrams and letters, and inasmuch as there appears to be some question as to whether or not a valid contract resulted from said negotiations, if will be necessary to follow the transaction through in all its details.

The negotiation^ between the parties evidently started by a visit of one Anderson at the office of Harris Brothers, in Chicago, who inquired if they could furnish a carload of nails for export to Japan. Upon being advised that the nails could be furnished for $5.50 per keg f. o. b. Chicago, Anderson indicated that advice would follow later from San Francisco with regard to the shipment. Whether or not Anderson ever proceeded with this transaction does not appear, but a party named Chrisman, a broker, called at the office of defendant in San Francisco and represented that he had 800 kegs of nails in Chicago and could sell them…

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