Cutting Packing Co. v. Packers' Exchange

— This appeal is brought here on the judgment roll, which includes a bill of exceptions, from a judgment rendered in favor of plaintiff in an action for damages for breach of contract tried before the court without a jury.

In September, 1881, the plaintiff and one William C. Blackwood made the following contract of purchase and sale: —

Plaintiff assigned its interest in the contract to the defendant about March 15, 1882, but Blackwood refused to accept the defendant in place of plaintiff.

Blackwood, between July 10, and August 15, 1884, in performance of the contract upon his part, delivered to plaintiff, in different lots, 235,693 pounds of apricots, which the plaintiff, from time to time as they were delivered to it, tendered to the defendant, which refused to accept or pay for each or any lot so tendered.

Plaintiff, as each lot was refused, placed it on sale in open market, and realized from the whole, after the cost of freight and seller’s commissions were deducted, the net sum of $4,770.50. This sum was $2,300.29 less than the amount it was compelled to pay Blackwood.

The two papers, above set forth, were construed in Blackwood v. Cutting Packing Company, 76 Cal. 212 , 9…