Salinas Valley Lumber Co. v. Magne-Silica Co.

This is an action to recover for lumber sold to and used by the defendant company. Plaintiff had judgment and defendant appeals from that judgment and from the order denying its motion for a new trial.

The contract between the parties was in writing evidenced by the following letter from the plaintiff lumber company to the defendant and the defendant’s acceptance thereof:—

“Lompoc, Cal., April 18, 1906.

“Mr. Geo. Mason,

“Los Angeles, Calif.

“Dear Sir:—

“We herewith enclose list of lumber, which was handed to us by your Mr. Hannaman which we agree to sell to you f. o. b. cars at Lompoc for $3328.65.…