Coalinga Mohawk Oil Co. v. R. H. Herron Co.

Plaintiff appeals from a judgment in favor of defendants in a suit to recover damages for breach of contract. The complaint alleged that on the fifth day of March, 1917, plaintiff and defendants entered into a written contract whereby defendants agreed to sell to plaintiff and plaintiff agreed to purchase from defendants certain quantities of oil-well casing and that defendants agreed to make deliveries thereof on certain specified dates. It was then alleged that defendants had failed to make deliveries, that the price of such casing had greatly increased over the price fixed in the contract; that when the contract was executed the defendants knew that plaintiff intended to' use the casing for the purpose of drilling oil wells; and that by reason of the failure in delivery of the casing plaintiff had been damaged to the extent of $102,660, segregated as follows: Increased cost of casing $12,350; interest on other equipment purchased by plaintiff but remaining idle on account of failure to deliver casing $1,750; anticipated profits from oil wells if they had been sunk as contemplated $88,560.

Demurrers to the complaint were overruled and separate answers were filed by each…