Puritas Coffee & Tea Co. v. De Martini

Plaintiff appeals from the judgment following verdict in favor of defendants in this action to recover the purchase price of shelled walnuts.

The complaint alleged that, on January 15, 1919, plaintiff contracted to sell to defendants and1 defendants contracted to purchase of plaintiff 5,507 pounds of broken pieces of walnut meats and 5,002 pounds halves of walnut meats then owned and in the possession of plaintiff, at Los Angeles, at a price of forty cents per pound, or a total of $4,203.60, f. o. b. Los Angeles, and plaintiff agreed to make delivery thereof to defendants by loading the same on board the cars at Los Angeles, consigned by rail to defendants at San Francisco, payment of the whole of the purchase price to be made upon presentation of sight draft therefor to defendants at San Francisco; that defendants refused to accept or pay the draft when presented, but agreed on or about said date that if plaintiff would deliver to defendants the bill of lading so that defendants might obtain delivery of said shipment, defendants would immediately upon the arrival of the car pay the purchase price to plaintiff; that the car arrived and the goods were accepted and received by…