Bonan v. Pacific Orient Co.

JAMES, J., pro tem.

This appeal presents only two questions, neither of which merits any extended discussion.

The action is one for damages for the breach of a contract of sale of a quantity of Mexican beans. This contract was, without legal excuse, breached by the appellant. It refused acceptance, in advance of shipment. The beans were shipped and tendered at the port of San Francisco. Some negotiations followed, and appellant again and finally repudiated its contract. The beans were then sold. Suit was brought for the difference between the contract price and the amount realized from the…