C.O. Bashaw Co. v. A. U. Pinkham Co.

This is an appeal by defendant from a judgment awarding plaintiff damages in the sum of $731.-50 and costs for an alleged breach of contract for the sale of peanuts.

It appears that on September 7, 1923, C. O. Bashaw Co., the respondent, with offices in San Francisco, agreed to buy from A. U. Pinhham Co., the appellant, which operates in Seattle, 770 bags of Chinese shelled peanuts in bond to be delivered out of a warehouse in Seattle. The sale was negotiated through a brokerage firm in San Francisco named Lilienthal-Williams Co., hereinafter referred to as agents; and it was stipulated during the trial that all communications from said agents to respondent be considered as communications from appellant, and that all communications from said agents to appellant be likewise considered as communications from respondent. Respondent agreed to buy said peanuts after having examined samples drawn by Laucks & Co., public inspectors and industrial chemists in Seattle, from part of the lot sold, a few weeks prior to the date of the sale, while the peanuts lay on the dock at Seattle before being placed in the warehouse. After respondent agreed to buy the peanuts, the agents, on September…