McAvoy Co. v. Italian-American Vineyard Co.

This action was instituted by the plaintiff corporation against the defendant ItalianAmeriean Vineyard Company, a corporation, and certain other defendants, to enforce the specific performance of a certain contract for the sale and delivery to the plaintiff of six thousand barrels or approximately three hundred thousand gallons of wine; or, in case specific performance could not be had, then for damages in a large sum. The said defendant, Italian-American Vineyard Company, denied the making or execution of any such contract for the sale or delivery of a larger amount of wine than about fifteen thousand gallons, which it alleged had been delivered and paid for. It then proceeded in its answer to set forth in detail the history of the transaction between itself and said plaintiff as to the remainder of the said six thousand barrels of wine, and after so doing alleged that it was the plaintiff which had breached whatever contract existed between the parties as to the sale and delivery of said wine by its failure to make the payments required by it to be made at the time and place specified in the writings which embodied the agreement of the parties. The trial court made its finding…