Laurence

This is an appeal from a judgment in favor of the plaintiff for the sum of $687.13.

The facts out of which this action arose are substantially these: On the twenty-fifth day of April, 1911, the Pacific Oil and Lead Works, the defendant herein, made a written contract with the Coeoanut Products Company of Portland, Oregon, which recited that the Pacific Oil and Lead Works had sold, and the Coeoanut Products Company had bought, four hundred tons of a certain grade of coeoanut oil, to be shipped from April 25th to October 31st 1911, in quantities to suit the purchaser. In the month of August, 1911, the Coeoanut Products Co. found itself unable to use a portion of the oil which it had agreed to purchase, and since the market price of such oil seemed to be declining, the latter company concluded to sell the excess of the oil deliverable to it under its aforesaid contract. The plaintiff is a commission merchant and broker. His first transaction with the Coeoanut Products Co. consisted in his sale for them of seventy-five barrels of this oil upon a brokerage basis. Shortly after this transaction was placed, the plaintiff entered into a contract with the Cocoanut Products Co. by which he…