Julius Levin Co. v. Sherwood & Sherwood

This is an appeal from the judgment in favor of the defendant.

The plaintiff commenced this action against the defendant to recover damages for a breach of contract. In its com plaint, after setting forth the corporate character of the respective parties, it was alleged that on the twenty-eighth day of February, 1916, a contract was made between the plaintiff and the defendant whereby the defendant sold and the plaintiff purchased 750 cases of whisky, which the defendant failed to deliver, whereby the plaintiff was damaged in the sum of $2,179.50, the difference between the sale price of said whisky and the market value thereof when delivery should have been made. The defendant in its answer denied having made or entered into any such contract, and admitted that it had not delivered the whisky referred to in the plaintiff’s complaint. The defendant then proceeded in a separate answer to set up a special defense, which was to the effect that it was the-San Francisco agent of John Dewar & Sons, Ltd., of Perth, Scotland, and that as such agent and not otherwise it had received an order from the plaintiffs for 750 cases of the whisky of said firm, which order was entirely subject to…