Sacramento Box & Lumber Co. v. Rosenberg Bros. & Co.

Action to recover the sum of $5,302.68 for certain box shooks alleged to have been sold and delivered by plaintiff to defendant. The complaint is in two counts, the first being for the reasonable value of the goods alleged to have been sold and delivered and the second setting forth an express contract to pay the sum as the purchase price.

Trial was had and the court found that plaintiff did not sell or deliver to defendant the merchandise in question and that it did not agree to pay for the same. It is here claimed as ground for reversal of the judgment that the findings of the trial court are not supported by the evidence. There is no merit in the contention as the record contains ample evidence to show that there was no contract, either express or implied, between the parties.

There is little dispute between the parties as to the principal facts established by the evidence. So much of it as supports the findings may be briefly summarized as follows: In May, 1928, defendant entered into an agreement with one Omer Denny, who was engaged in the business of dealing in and manufacturing box shook as White Pine Products Company, a corporation, by which the latter agreed to deliver…