WM. Knapp & Co. v. San Joaquin Cigar Co.

Plaintiff recovered judgment, from which defendant appeals, the appeal being taken within sixty days after the entry of judgment.

On December 13, 1906, the defendant was engaged in the manufacture of cigars in the city of Fresno, and the plaintiff was in the lithograph business in San Francisco. On that date the defendant, through H. E. Mootz, gave the plaintiff an order for the manufacture of a large number of cigar bands and labels of certain designs and colors, with the picture of the head of Mootz in the center of said bands. The plaintiff -exhibited to Mootz at that time a sample of the labels that it manufactured. They were to be manufactured in Germany,- and, according to the contract, to be delivered to the defendant in five equal installments at specified times, each installment to be paid for when delivered. June 16, 1907, the first installment of labels and bands was forwarded to Fresne through the postoffice. Frederick Knobloch (who had meanwhile succeeded Mootz as president of the defendant company) refused to accept the goods, placing his refusal upon the ■ground that plaintiff had agreed to submit to defendant before manufacturing said goods a sample thereof for…