Scudders-Gale Grocery Co. v. Gregory Fruit Co.

Appeal by plaintiff upon a bill of exceptions from a judgment rendered in the superior court of San Bernardino county in favor of defendant.

Plaintiff corporation, doing business at St. Louis, Missouri, claims to have made a contract with defendant corporation, doing business at Colton, California, for the purchase of certain peaches, and that on account of defendant’s default in delivery thereof damage resulted, for which it demands judgment. The principal question involved upon this appeal relates to the sufficiency of the evidence to support the finding of the trial court that the defendant did not enter into the agreement as alleged by plaintiff. There is evidence in the record tending to show that one Evans was authorized by defendant to quote prices of peaches to plaintiff, which he did at St. Louis, Missouri, on or about May 18, 1905. These prices quoted were not acceptable to plaintiff, and it submitted to Evans a counter-proposition at a lower figure, which counter-proposition Evans wired to defendant, and was in the wbrds following: “Seudder offers for delivery Sept. 10, f. o. b. common point, 400 50-lb. boxes choice yellow peaches 5%c. 400 50-lb. boxes choice peaches,…