Barrios Co., Inc. v. J.R. Garrett Co.

This action is for damages for the alleged breach of two several contracts alleged to have been entered into between the plaintiff and the defendant, whereby, so it is alleged, the latter sold and agreed to deliver to the former two several lots of “Thompson’s Seedless raisins, soda dipped,” at a certain specified price.

The complaint is in two counts. The first is founded upon an agreement alleged to have been made by the parties on or about the fifteenth day of September, 1922, whereby the defendant agreed to sell to the plaintiff and the latter agreed to purchase from defendant, 2,400 cases of raisins, of the variety above described, “of the 1922 pack, delivery to be made immediately when said pack of 1922 was ready for shipment,” the total amount to be páid by plaintiff to defendant therefor being the sum of $5,500, “f. o. b. cars, at Marysville.” The second count or cause of action is upon a contract alleged to have been made the same day, between the parties, for 500 boxes of raisins of the same variety and pack as those above mentioned, for the sum of $1,156.25, “f. o. b. on cars at Marysville,” to be shipped to plaintiff “immediately when said pack of 1922 was ready for…