Glantz

The plaintiff as principal and the defendant as agent entered into a contract for the sale of the former’s grapes by the latter. The contract contains the following:

At the time of the transactions between the parties, the defendant was engaged in the fruit business at Modesto, Lodi and other places. He maintained an office at Modesto, but not at Lodi. His “representatives or agents” at Lodi were Fred Wall and John Wittmayer. Wittmayer executed the contract in question as the defendant’s agent. When the contract was presented by Wittmayer to the plaintiff for execution, the latter refused to sign it. Wittmayer thereupon wrote the defendant, asking for an interpretation of the form of contract used. The defendant’s bookkeeper wrote Wittmayer in reply that “if immediate sale is not effected we will take the stuff on ourselves at the market price and pay on that basis,” This letter was signed, “Chas. Freedman, per 0. J. J.,” the bookkeeper’s name being 0. J. Jennings. Wittmayer showed the letter to the plaintiff and he thereupon signed the contract. Respondent contends that the letter is a part of the contract between the parties. It is deemed unnecessary to decide this question,…