San Pedro Salt Co. v. Hauser Packing Co.

On August 26, 1905, plaintiff contracted in writing to deliver to defendant during the ensuing year two hundred tons of salt at the price of $5 per ton as therein stipulated. The contract contained a provision to the effect that the defendant should have the option to renew the agreement for a second year, but failed to specify the time within which defendant should elect to renew the agreement. By its terms the contract expired on August 27, 1906. Within the year following such expiration plaintiff delivered to defendant a certain amount of salt alleged to be of the reasonable market value of $2,525.50 and for the recovery of which, less payments made, this suit was instituted. Defendant claims that, pursuant to the provisions of the agreement according such right, it renewed the contract under which it was entitled to the salt so delivered at the price' specified therein".

The court found there was no renewal of the contract, and .gave judgment against defendant for the value of the salt. Defendant’s motion for a new trial was denied, and it appeals from the order denying the same.

The evidence clearly tends to prove that defendant did not elect to renew the contract prior to…