Numsen

In November, 1891, Duval & Co., merchandise brokers at San Francisco, claiming to represent plaintiffs, who were doing business as oyster packers at Baltimore, Maryland, offered for sale to the appellants a lot of canned oysters at a shade off current rates. The offer was accepted upon condition that the packers should execute a written guaranty to appellants that the goods were as good in pack and quality as the goods of Farren & Co. or Fait & Weinbrenner, well-known oyster packers. A written order was given for four hundred and sixty cases of “selects” and six hundred and seventy cases of “standards”; the prices for both lots being fixed at $2,000. The oysters were to be delivered at Baltimore, in unlabeled cans—the purchasers being allowed the cost of labeling—as follows: “60 cases of selects, made up of 40 cases of 12 oz. and 20 of 6 oz. cans; and 90 eases of standards, made up of 25 cases of 10 oz., 20 of 5 oz., 25 of 8 oz., and 20 *632 of 4 oz., cans”—to be delivered at the cars in Baltimore, and sent to San Francisco by freight, the balance of the order by sailing vessel. Duval & Co. did not communicate with the packers, as they agreed to do, but took the written order…