Fleming

The action was brought to recover the sum of $6,170.61 claimed as a balance due on a contract for marble shipped from Colton, California, to be used in the Monadnock Building in San Francisco, and the verdict and judgment were for plaintiff in the sum of five thousand and seventy dollars, and interest. The parties to said contract were W. A. Perrin, a manufacturer of marble, and Herbert E. Law, the owner of said building, and the plaintiff is the assignee of said Perrin.

We may state appellant’s first contention in his own language: “Law concedes that Perrin’s figures are correct as to the amount of marble placed on the cars at Colton and shipped to San Francisco, as he has no means of disputing plaintiff’s evidence in this behalf or questioning the accuracy of the various statements sent to him from time to time relating to shipments. Law also concedes and admits that plaintiff’s statement as to the amount of money paid by him is correct. Law contends, however, that he is not responsible for the total amount of marble shipped, but that the limit of his liability is made to depend upon the quantity of marble actually set in place in his building at the unit prices fixed in the…