The Grange Co. v. McCabe

PULLEN, P. J.

This is a consolidated appeal by separate defendants, taken from a judgment in conversion.

On June 24, 1936, Julia A. McCabe entered into the following contract:

“Merced, Calif., June 24, 1936.

“In consideration of the price hereinafter named, Julia A. McCabe, the seller, has sold and The Grange Company, the buyer, has bought about 2400 sacks of grain, which said seller agrees to deliver, properly threshed, cleaned and sacked in new grain sacks, F.O.B. cars Simon Newman warehouse in'Ingomar, Calif., by not later than the 30th day of December, 1936. No. of Sax Sold Kind of Grain

Abt. 2500 Bly

Quality Price per cwt.

Equal to Sample $1.00 plus

Salvage value of the bags.

“Payment to be made when crop is delivered as above, on net weight, sacks to become property of the buyer. The

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seller guarantees that he is the sole owner of said property, free from all encumbrances, except as specified None. 60% of purchase price to be paid on or before July 1st, 1936. Balance to be paid at time of shipment on destination weights. Purchase sample furnished by Buyer.

Julia A. McCabe.

Signed by

W. W. Bunker, Seller.

The Grange Company,

By John W. Salter,'Buyer. ”

Payment was not made nor tendered on or before July 1, 1936, and when on July 14th, the Grange Company sent to Mrs. McCabe a check for $2,250 as part payment, the check was promptly returned with a letter stating that inasmuch as the Grange Company had failed to live up to the contract the sale was canceled. Some days thereafter Mrs. McCabe sold the grain to Wangenheim, as agent for Simon Newman Company. The Grange Company then brought this action in conversion.