Briggs & Turivas v. Pacific Trading Co.

THE COURT.

The following opinion, prepared by Mr. Justice Kerrigan prior to his retirement, is hereby adopted as the opinion of the court.

This is an action for damages for breach of a contract to buy a carload of wire. Plaintiff recovered a judgment of $2,848.10, being the difference between the contract price and the market value of the goods, and defendant appeals.

The facts of the case as they appear from the various letters and telegrams exchanged between the parties to this contract and from the deposition of one Frank A. MeMonagle, the manager of the plaintiff corporation, are as follows:

During the year 1918 the plaintiff was an Illinois Corporation, having its place of business in Chicago. At the same time the defendant was a California corporation, having its principal place of business in San Francisco.

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W. S. Hanford acted as agent for the plaintiff in dealing with the defendant in San Francisco. At a place in Chicago, known as Blue Island, the plaintiff had a quantity of wire of various sizes and some of which was rusted to a certain extent. After some negotiations the defendant wrote to the plaintiff a letter which, and the acceptance of its terms by plaintiff, constituted the contract on which this suit is based. The letter is as follows (on the letterhead of the Pacific Trading Company, Inc.) :

“San Francisco, Cal., U. S. A.

“W. S. H. 427.

“September 17, 1918.

“ (Received Sep. 21, 1918,

“W. S. Hanford.)

“Briggs & Turivas Co.,

“Chicago, 111.

“Attention Mr.

W.

8. Stanford.

“Gentlemen:

“You may take our firm order for one (1)' Car—approximately 80,000 lbs. Black Soft Steel Wire, Gauges 2-6. “Price 3c. Flat f. o. b. Cars Chicago.