Leslie
Kelley-Clarke Co. v. Leslie
Opinion
Lead Opinion
Sure, J.
Action for damages for breach of contract for the purchase of pineapple. Appeal by defendants from a judgment, after verdict, in favor of plaintiff, in the sum of $2,650.80. Plaintiff is a firm of brokers and manufacturers’ agents with offices in San Francisco, and defendants have their place of business in Chicago.
The contract is evidenced by telegrams exchanged between F. A. Davis, a S'an Francisco broker, agent for plaintiff, and the Continental Brokerage Company in Chicago, acting for defendants. These telegrams show:
(1) An offer on July 15, 1920, by Davis, to Continental Brokerage Company, of a lot of sliced pineapple, subject to confirmation, for prompt shipment; (2) Bequest, on same day, from Continental Brokerage Company, for confirmation to defendants of all pineapple offered; (3) Advice, on same day, from Davis to Continental Brokerage Company, confirming for prompt shipment part of the goods by plaintiff to defendants, with an offer of additional goods to complete carload; (4) Bequest, on July 16, 1920, for confirmation of additional goods; (5) Advice, on July 16, 1920, of Davis to Continental Brokerage Company, of confirmation by plaintiff of additional goods “same…