Cutting Packing Co. v. Packers' Exchange

— This appeal is brought here on the judgment roll, which includes a bill of exceptions, from a judgment rendered in favor of plaintiff in an action for damages for breach of contract tried before the court without a jury.

In September, 1881, the plaintiff and one William C. Blackwood made the following contract of purchase and sale: —

“San Francisco, September 17, 1881.

“ Bought of W. C. Blackwood his crop of apricots at Haywards, for the seasons of 1882,1883,1884,1885, and 1886, not less than seventy-five tons and not exceeding two hundred tons per annum, at three cents per pound f. o. b„…