Markall v. Smithway MacHinery Co.

Plaintiff, Maurice Markalí, and defendant Jose Lucientes are residents of California. Defendant O. P. Smith is, and for many years has been, a resident of Seattle, Washington.

Plaintiff instituted this action, alleging in his complaint that, March 12, 1945, he, as first party, and the defendants, as second parties, entered into a written contract (a copy of which is attached to the complaint), whereby the plaintiff agreed “to sell upon consignment” to the defendants, who agreed to purchase from plaintiff, a quantity of machinery, which was itemized in an exhibit attached to the contract. The…