Ventura Refining Co. v. Roseberg Oil Corp.

— The difficulties to be adjusted by this action arise out of the failure on the part of the defendant and appellant to accept and pay for the major portion of the oil agreed to be purchased by it, in the following contract :

Under this agreement the plaintiff shipped 10 tank-cars aggregating 101,639 gallons, the last of which was shipped on April 4, 1921. On May 13, 1921, a 25-cent per barrel decline in the price of crude oil reduced the contract price to 8% cents per gallon of the special gas oil, and on August 3d another decline reduced the price to 8% cents per gallon. Subsequent to April 4, 1921, the defendant failed to give any further shipping instructions, although orally requested to do so once a month or oftener and many times in writing, and although, according to plaintiff’s witness, “shipping instructions were many times promised” by defendant, “but were deferred and were not forthcoming.” Negotiations for delivery and acceptance by defendant continued until after the time for complete performance, and even as late as January 17, 1922, the defendant indicated by letter that efforts were being made for acceptance of the oil. This letter was in response to plaintiff’s…