Nye & Nisson v. Weed Lumber Co.

This is an appeal from a judgment for damages secured pursuant to section 3311 of the Civil Code, for breach of a contract to purchase processed eggs.

Respondent is engaged in the commission poultry and eggs business at San Francisco. The appellant is a holding corporation for the Weed Mercantile Company, and operates a store at Weed, in connection with its lumber industry. In April, 1923, appellant contracted with respondent for the purchase of 750 cases of special processed eggs at 34 cents per dozen, to be delivered upon request, f. o. b. at San Francisco. The contract for these eggs was entered into through correspondence between the parties. April 5, 1923, appellant sent the following telegram to the respondent: “Would like to contract for 1000 cases of processed specials for fall delivery. Advise immediately terms of contract for this season.” To which message respondent replied: “Answering,-—terms same as last year; price 34c.” These messages were followed April 10th by this letter from appellant: “Gentlemen, you might write us confirming sale to the Weed Mercantile Company of 750 cases processed eggs to be delivered as needed between the dates of October 1st, and February…