Buffalo Weaving & Belting Co. v. Boyle Manufacturing Co.

This is an action for damages for the alleged breach of a contract, under which defendant agreed to purchase a large quantity of web automobile luggage straps from plaintiff. The contract is based on an order and correspondence had between plaintiff and defendant directly and through plaintiff’s agent, with headquarters in San Francisco. For convenience we shall occasionally refer to plaintiff as the “Weaving Company,” to defendant as “Boyle Company” or “Boyle” and to the San Francisco representative of pl-aintiff as “Agent.” Judgment went for plaintiff according to the prayer of the complaint, and defendant appeals.

The case is here on a bill of exceptions, which contains some oral testimony and a number of letters. For convenience the essentials of the letters have been condensed under our own numbers, which do not conform to numbers used in the transcript.

The negotiations begin with letter No. 1, from Agent to Boyle, April 22, 1920. Agent solicits business for his principal, Weaving Company herein, and states that Weaving Company “would like to have . . . sample of your trunk strap.” Advises it would be good time to place order for next season, with shipment later.

Letter…