Irion

This is an appeal from a judgment for plaintiff entered after the granting of a motion for summary judgment. The complaint alleges that William P. Richmond and W. J. Irion, copartners, doing business under the firm name and style of City Water Softener, by a written contract, ordered from the plaintiff, 10,000 3 inch by 4 inch decals for a total price of $490; that plaintiff manufactured said decals and attempted to deliver them to defendants on the 14th day of October, 1958, but that the defendants refused to accept them.

The answer filed by defendants pursuant to the provisions of section 437b of the Code of Civil Procedure, denied all of the allegations of the complaint.

Thereafter, the plaintiff filed a motion for summary judgment based on an affidavit made by V. Cassimus, secretary-treasurer of the plaintiff corporation; attached to the affidavit is a photostatic copy of the order for the decals. It is alleged in the affidavit:

The photostatic copy of the order or contract attached to the affidavit contains, among other things, a provision as follows;

The affidavit in opposition to the motion for summary judgment is sworn to by the two defendants, William Richmond and W.…