Foote v. C. W. Davis & Co.

The record before us presents this situation: Defendant contracted to purchase one hundred cases of prunes but later breached the contract. Plaintiff Foote Bros. & Company asserts that it was the vendor and as such is entitled to damages for the wrongful breach of contract. On the other hand, Guggenhime & Company alleges that it, as vendor, sold the merchandise to defendant through Foote Bros. & Company as agent or broker, and prays that it recover the damages resulting from the defendant’s breach of contract.

Thus defendant is faced with two separate and distinct demands. Foote Bros. &…