Mebius & Drescher Co. v. Mills

Plaintiff sued defendants individually and as copartners doing business under the name of The Russell and Mount Eden Salt 'Company, for damages for breach of contract for failure to deliver salt in accordance with the demand of plaintiff, under the terms of a written contract between the parties. Trial was had before a jury. The preliminary proofs were made and the contract offered. in evidence. The court refused its admission upon the ground of its incompleteness and uncertainty, treating the writing as an executed contract of sale. Plaintiff contended that the contract should be construed…