W. J. Bush & Co. v. Van Camp Sea Food Co.

This action was brought by the plaintiff to recover damages from the defendant for an alleged breach of contract. Plaintiff had judgment, from which defendant appeals.

It is alleged in the complaint that on the fifteenth day of August, 1918, defendant entered into a written contract with the plaintiff whereby the plaintiff agreed to sell and the defendant to buy 50,000 pounds of oil manufactured from peach kernels at a price of thirty-six cents per pound; that defendant accepted 4,800 pounds of the oil and refused to accept any more; that the oil manufactured to fill defendant’s order was not resold and that the value of the oil to the plaintiff was twenty-nine cents per pound. The difference of seven cents per pound for the unaccepted part of the oil ordered was claimed as damages, according to the measure fixed by section 3311 of the Civil Code. The trial court found that the value of the oil to the plaintiff was thirty-one cents per pound, and calculated damages accordingly at five cents per pound. Upon defendant’s part, the answer alleged that the oil was sold under representations that it was suitable for canning fish and sardines for human consumption, and that for such…