Shirai v. Blum

McAvoy, J.:

The complaint in this action sought damages for breach of contract because of appellant’s failure to deliver the merchandise, the subject-matter of the parties’ agreement. The learned trial court left but the issue of damages to the jury.

The evidence is that in October, 1919, plaintiff, an agent for Nakazawa & Company, Ltd., made a written offer to the defendant to purchase one hundred gross tons of black steel sheets at the price of five dollars and twenty-two cents per 100 pounds. One of the terms of the offer was the establishment by the plaintiff of a bankers’ irrevocable…