Dutwiler

Dutwiler v. Klunk

Good Law
1918 Cal. App. LEXIS 343·37 Cal. App. 796·174 P. 919
Court of Appeal of CaliforniaJuly 23, 1918Civ. No. 2283.California937 words

Opinion

Lead Opinion

Conrey, J.

The defendants were engaged in selling a certain kind of patented camp stove. In order to obtain a supply of stoves for the market they agreed with the plaintiff that the plaintiff would obtain a carload of iron and manufacture that iron into stoves, for which the defendants would pay to the plaintiff seventy-five cents per stove. The stoves were to be made in accordance with certain dies which the defendants were to furnish and did furnish. After a part of the stoves had been delivered and paid for, the defendants, with plaintiff’s consent, shipped the dies to Chicago for the purpose of using the same in manufacturing a quantity of stoves there, but with a promise to return the same to the plaintiff to complete his contract. These dies never were returned to the plaintiff. Of the iron remaining in the plaintiff’s hands a part had been blocked out for stoves and a part was untouched. The judgment, which was in favor of the plaintiff, covers a sum allowed for depreciation in value of the iron which had been blocked out and a sum covering the profits which the plaintiff would have made if the contract had been fulfilled. The defendants appeal from the judgment.

The principal…

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