Laurence

Plaintiff and defendant entered into a contract December 15, 1928, in which defendant agreed to sell plaintiff “six hundred tons of old newspapers, Clear No. 1, not to exceed 3% colored matter. To be packed either 272 lbs. or 280 lbs. to the bale, at the option of the said C. R. Laurence, and guaranteed not to exceed 60 cubic feet to the ton; price to be $21.00 per net ton of 2000 lbs. f.o.b. Los Angeles harbor, if packed in ordinary second hand burlap,” or “$20.50 per net ton of 2000 lbs. if packed in cement burlap. Three hundred tons of the above mentioned newspapers are to be delivered to the Los Angeles wharf for shipment per steamer during the month of February, 1929,” and the balance during the month of March, 1929. Reservation for steamer space for the bales was to be made by plaintiff, who was to “furnish the said Los Angeles Junk Co., Inc., with all shipping instructions, permission to deliver the above named material to the Los Angeles wharf, stencils, marks, etc., at least fifteen days prior to the scheduled sailing of the steamer on which space reservation has been made”. The contract also provided that “the above material is to be packed with 4 hoops (painted red) to…