Globe Oil Mills v. Van Camp Sea Food Co.

Action to recover damages for the alleged breach of a contract. Judgment went for defendant, from which plaintiff has appealed.

It appears from the contract, executed on October 17, 1912, a copy of which is set out in the complaint, that the California Tunny Canning Company was engaged in the business of canning fresh fish for market and desirous of disposing of the waste product therefrom, and that John T. Gaffey was engaged in manufacturing fertilizer from such waste product and desired to purchase the same; whereupon the California Tunny Canning Company agreed to sell and Gaffey agreed to buy, for one dollar per ton, all the fish waste, consisting of fish heads, bones, tails, and such other fish waste as was not put into cans by said California Tunny Canning Company, which fish waste, under the terms of the contract, the seller was to place in barges to be furnished by Gaffey who, after the same were loaded, was to remove the same within twelve hours thereafter, and, in case of failure so to do, the said canning company was authorized, at the expense of Gaffey, to employ a tug to tow the barges out to sea and dump such waste material into the water. While, under the terms of.…