Tynan Lumber Co. v. W. A. Hammond Co.

Plaintiff sued for the breach of an oral contract. The cause was tried without a jury and plaintiff had judgment from which the defendant Coddington Company has appealed on typewritten transcripts.

The complaint alleged that, on February 5, 1929, plaintiff and defendants made an agreement whereby plaintiff was appointed exclusive sales agent for the sale of “Ecod Fabric" in certain territory in Monterey and San Benito Counties; that in accordance with this agreement plaintiff purchased a carload of said fabric, paying defendants $4,000 therefor; that by the terms of said agreement, plaintiff was given the privilege of canceling the agreement at any time and that, in such event, “the said defendants would, within a reasonable time from the date of said cancellation, dispose of and pay plaintiff the cost price thereof for any and all of said fabric remaining in plaintiff’s possession at the time of the cancellation of said agreement”; that, on September 28, 1929, plaintiff became dissatisfied with said agreement and demanded that defendants remove all the stock then on hand and pay plaintiff the cost price of said stock, which was alleged to be $2,587.50. The defendants Hammond and…