Christou

Defendant's demurrer to plaintiff’s third amended complaint was sustained. Plaintiff declined to amend and judgment was thereupon entered in favor of defendant.

The amended complaint alleges that on the seventeenth day of May, 1920, plaintiff’s assignors, Harry Koclcos and Andrew Kockos copartners doing business as Kockos Bros., entered into a contract to purchase 300 tons of Java 24 table sugar for $20 per 100 pounds net c. i. f. San Francisco, California, in bond from A. B. Moulder & Co. Ltd., of Hongkong, China. The seller’s confirmation of the sale, which is set forth in the complaint in haec verba, requires: “Irrevocable letter of credit at 60 days sight, without interest, to be cabled immediately to Hongkong, China. This credit to be established today, May 17th, 1920.” The complaint then alleges that on the same day plaintiff’s assignors, having said confirmed right to purchase said sugar, entered into the following agreement with defendant “to transfer to said defendant their confirmed right to purchase said sugar”:

“San Francisco, U. S. A., May 17, 1920. “Messrs. Barrios & Co.,

“San Francisco, Cal.

“Gentlemen:

“We beg to confirm sale to you of 300 tons—2000# each Java…