Roach Brothers & Co. v. Lactein Food Co.

This is an action for damages for the breach of a certain contract, alleged to have been entered into between the plaintiff and the defendant.

The defendant was, for a long time prior to and at the time of the making of the contract declared upon in the complaint, engaged in the business of manufacturing condensed buttermilk, known as “Lactein,” or “Hen and Hog Buttermilk,” in the city of Modesto, Stanislaus County. It was alleged in the complaint as originally filed that, on the thirtieth day of April, 1919, said plaintiff and said defendant entered into an agreement which was to continue one year from said date and whereby the defendant granted to said plaintiff the exclusive option to purchase all the surplus “Hen and Hog Buttermilk” in certain designated amounts and sizes and for certain prices. It was alleged in said complaint that said agreement was in writing and was duly executed and delivered by said parties; that thereafter, pursuant to said agreement, the defendant delivered to the plaintiff one carload of said Lactein and that plaintiff accepted and paid for the same; that thereafter plaintiff demanded that said defendant deliver said Lactein according to the terms of…