Mente & Co. v. Fresno Compress & Warehouse Co.

Appellant, plaintiff in the action, is a Louisiana corporation, dealing in bags, burlaps, twines and supplies of similar nature at New Orleans. About October 3,1925, it entered into a contract with respondent for the sale to the latter of four cars of rewoven jute patches and one car of second-hand patches at the price of 8 cents per pound, each car to be of a minimum weight of 30,000 pounds. The contract was negotiated and entered into in California by an agent of appellant and a manager of the respondent.

The contract provided as follows: “One car of each, ship at once, (see wire Oct. 1). Three cars jute patches to be ordered out before December 31, 1925. . . .

“Failing to receive timely shipping instructions or prompt payment, Seller at its option may ship approximately equal quantities monthly or declare this order can-celled either in whole or in part, and if instructions be not received for shipment of entire order during term herein fixed, Seller need not tender the goods nor put Buyer in default, but Seller may then or thereafter at its option either cancel this order or invoice entire undelivered balance and recover full purchase price therefor with interest at highest…