Vallens

The plaintiffs are manufacturers of cigars at Chicago, the defendants wholesale dealers at San Francisco. Prior to February 4, 1889, defendants had purchased goods from plaintiffs, and differences having arisen between them, a compromise was made through an agreement in writing of that date. In that agreement, among other things, it was stipulated that the plaintiffs claimed to have lost in the settlement $2,983.75, which defendants were willing “to assist in making up to them,” and therefore agreed to purchase from plaintiffs 50,000 cigars per month for two years, “ or until said party makes up said loss.” The contract then proceeds to specify the brands to be furnished, which were to correspond to samples, and it was agreed “that the goods shall be equal in size, shape, and quality to said samples.” The profit per thousand upon each brand was fixed in the agreement.

It then states:

It is alleged by plaintiffs in their complaint, that since this agreement the defendants have purchased from plaintiffs 180,000 cigars, the profits on which amount only to $380, and that defendants have refused to purchase any more, wherefore plaintiffs demand judgment for the sum of $2,605.75,…