Santa Paula Commercial Co. v. Parkhurst-Davis Mercantile Co.

The opinion of the court was delivered by

West, J.:

The plaintiff sued to recover damages for refusal to accept a carload of English walnuts. A broker called up the president of the defendant company and quoted prices, and was asked the weight of a minimum car. He replied: “It is 24,000 pounds, I think”; to which the president responded: “All right; I will take a minimum car.” The broker mailed a written contract for execution, stating in the letter of transmittal that as the contract was drawn they were obliged to specify the exact number of sacks, but that in transmitting the order the…