Western Iron Works v. Smith

Plaintiff instituted this action to recover $1150 for locker cars and other iron work alleged to have been sold and delivered to defendant for the Analy Union High School in Sebastopol, California. The complaint was in two counts of indebitatus, one for the reasonable value and the other upon an open book account. Plaintiff recovered judgment for $250 without interest, being for a certain part of the iron work, but was denied judgment for the value of the locker cars. Plaintiff appeals from the judgment.

The main points on appeal are whether the locker cars were ordered and whether the defendant acted promptly enough in. rejecting them. Both questions are largely questions of fact and the appeal therefore presents chiefly the question of the sufficiency of the evidence to justify the findings and judgment of the court. The evidence discussed and printed in the appellant’s briefs would make it appear that the locker cars were ordered and that after delivery they were accepted and retained an unreasonable length of time before final and definite rejection. Respondent prints other evidence, however, to the contrary.

In 1926, respondent and appellant entered into a contract for the…