Doran v. Henry Cowell Lime & Cement Co.

Action to recover damages for breach of contract. The defendant appeals from the judgment.

By means of letters and telegrams passing between the plaintiff and the defendant, the terms of the contract were settled in writing. In a letter sent by the plaintiff to the defendant under date of August 11, 1909, the plaintiff said: “As the result of the irresistible persuasive powers of your Mr. Guthrie, kindly ship us as promptly as possible eight hundred (800) barrels of Mt. Diablo cement. . . . This cement is to comply with the inclosed specification of the Los Angeles County Highway Commission, and to be acceptable to their engineer.” Then followed a statement concerning prices and payments. In the reply of defendant, the defendant said: “Yours of the 11th at hand and in reply beg to say that our cement will easily meet the specifications of the Los Angeles County Highway Commission.” Then followed a statement somewhat different from that of the plaintiff in its letter concerning prices and freight payments. To the defendant’s letter the plaintiff replied by telegram under date August 17, 1909, as follows: “If you desire order fill according to our letter; if not cancel same. Wire…