King-Keystone Oil Co. v. S.F. Brick Co.

This was an action by the plaintiff to recover of the defendant damages arising from the breach of a contract for the sale of oil by the plaintiff to the defendant. Judgment was given in favor of the plaintiff, the defendant’s motion for a new trial was denied, and from the judgment and order denying the new trial the defendant appeals.

The only point made upon the appeal is that the ease fails to show that the defendant agreed to buy the oil in controversy. The complaint alleges that by the contract “plaintiff agreed to sell and deliver to defendant, and defendant agreed to receive and purchase from plaintiff, all the petroleum or oil to be used for fuel by the defendant, at its works situated in San Francisco,” for the period of one year. The answer denies that the parties ever executed a contract whereby the plaintiff agreed to sell or deliver to defendant, or defendant agreed to receive or purchase from plaintiff, all or any of the petroleum or oil to be used for fuel or any other purpose by the defendant at the said works, and aEeges that the only contract entered into was a certain contract in writing, which is set out in fuE. The substantial parts of the contract thus set…