Kirkpatrick

This is an action for money had and received. The plaintiffs did business under the name of Sacramento Brokerage Company and the defendant under the name of California-Oregon Lumber and Box Company, and hereinafter they will be thus referred to, respectively. On August 19, 1919, the Sacramento Brokerage Company contracted, in writing, to purchase from the California-Oregon Lumber and Box Company 220,000 Los Angeles lug boxes at $12 a hundred, price fixed on the Sacramento freight rate. Several days after the making of the aforesaid contract the California-Oregon Lumber and Box Company showed to plaintiff’s agent a letter, wherein it was set forth that unless a deposit of $2,000 was made by defendant with the Pacific Wirebound Box 'Company, which company was to manufacture boxes for the defendant, the boxes would not be made. Thereupon the Sacramento Brokerage Company, through its agent, advanced the $2,000 so demanded and having accepted and paid in full for all boxes received by it made demand for the return of the $2,000 theretofore advanced. Defendant refused to repay the $2,'000 deposit, contending that plaintiff had failed to accept six carloads of boxes which were a part of…