T. W. Jenkins & Co. v. Anaheim Sugar Co.

This is a suit for damages in the sum - of $13,020, alleged to be due plaintiff because of defendant’s breach of contract.

The complaint shows that plaintiff, in June, 1914, the time of the execution of the contract, was engaged in the wholesale grocery business in the state of Oregon, and that, in the carrying on of said business, it had many thousands of customers to whom it sold goods, wares, merchandise, and sugar. Apparently, from the allegations qf *279 the complaint, it had no other business than that above mentioned. It is alleged that the ’ defendant, at all times in question, was aware of the general nature and character and mode of the carrying on of the wholesale grocery business conducted by plaintiff.

Plaintiff álso alleges that usually and ordinarily it required during the month, 'of August each year, and had SO required during the month of August for many years past, sugar, in bags, for sale by it to its customers at wholesale, in excess of 4,800 bags, and that defendant, at the time of the execution of the contract in question, was aware of the requirements of plaintiff in the behalf just referred to. Under these circumstances, on the 13th of June, 1914,…