Kerr Gifford & Co. v. American Distilling Co.

In this action the plaintiff sued to recover an alleged balance claimed to be due on the sale of a quantity of corn. The trial court made findings in favor of the defendant and from a judgment entered thereon the plaintiff has appealed.

In its complaint the plaintiff alleged: “That on or about July 14, 1937, plaintiff agreed to sell to defendant and defendant agreed to purchase from plaintiff 500 short tons of 2,000 lbs. each of Argentine corn in bulk, to be of fair aver*392age quality, 1937 crop, for a price of $2.02% per 100 lbs, f. o. b. ears Oakland elevator, Oakland, California, shipment from…