Newhall

Plaintiffs allege in their complaint that on August 3, 1908, defendant “made, executed and entered into a certain contract in writing with said plaintiffs, which said contract was in words and figures as follows:

That plaintiffs thereafter purchased the bags called for in said contract, “and held the same subject to defendant’s order during the month of June and July, 1909”; that at no time during said months or at any time did defendant request delivery of said bags, or any of them; that on July 31, 1909, plaintiffs tendered to defendant said bags, and defendant “then and there wholly refused said tender and refused to accept delivery of said bags or any of them, and wholly refused to pay the price in and by said contract reserved for said bags, or any price whatsoever”; that thereafter, to wit, on August 3,1909, plaintiffs sold said bags for the best obtainable price, to wit, five and one-fourth cents per bag, and on said day “made demand on defendant for the payment of the difference between the contract price for the purchase of said bags and the selling price thereof, to wit, the sum of eighteen thousand seven hundred and fifty dollars”; that defendant refused and still…