Cutler

Cutler v. Kuster

Good Law
106 Cal. App. 114·1930 Cal. App. LEXIS 560·288 P. 795
Court of Appeal of CaliforniaMay 28, 1930Docket No. 4106.California2,199 words

Opinion

Lead Opinion

Thompson, J.

This is an appeal from a judgment for the defendants in an action for damages in an assigned cause of action for breach of a contract.

The complaint contains three counts. The defendants were copartners doing business under the firm name of American Grease Company. The American Refining and Manufacturing Company was a corporation engaged in manufacturing and selling “Jazz grease” and “Jazz grease .tanks.” The grease was used for lubricating differentials and transmissions of motor vehicles. The first cause of action alleges that on July 7, 1924, the parties to this action executed, the written contract which is set forth in the pleading, by the terms of which the defendants were granted exclusive sales right to handle the American Jazz Grease Machine in Los Angeles County for a term of ten years; .that 193 of said grease machines, together with a truck and certain accessories, were sold and delivered to the defendants for a total consideration of $6,431.15, to be paid in specified installments; that the stipulated value of the grease machines was $30 apiece. The contract further provides that the corporation “agrees to furnish distributors [defendants] grease” of “standard…

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