Jacobson Reimers Co. v. Tozai Co.

The action is to recover judgment for

damages alleged to have been the result of defendants’ failure to perform their covenants under a contract for the sale of turkeys, reading as follows:

It is alleged in the complaint that demand was made by plaintiff of defendants, within the period mentioned in said contract, that defendants comply therewith by delivering twelve hundred turkeys, hut defendants refused to do so or to deliver any turkeys whatsoever; that the market price of turkeys had advanced at that time to forty-two cents per pound, and that by reason of defendants’ failure to deliver said turkeys plaintiff was damaged in the sum of $1,653. The complaint is verified. Defendants filed a general and a special demurrer, which being overruled, they answered. The answer is a specific denial of the averments of the complaint, except that they do not deny that demand was made upon defendants to comply with the terms of the said contract and their refusal to do so; alleged as further answer that defendants delivered to plaintiff “the written offer set forth in plaintiff’s complaint,” but alleged that plaintiff at no time “accepted said offer in accordance with the terms thereof.…