Ciocca-Lombardi Wine Co. v. Fucini

Page, J.:

The plaintiff, a California corporation, entered into a written agreement with the defendant dated July 19, 1920, a copy of which is annexed to the complaint and the making of which is admitted by the answer. The contract was that plaintiff agreed to sell and deliver to the defendant “ for lawful use and under government permit ” 700 barrels of Barbera wine at seventy-two and one-half cents per gallon and 300 barrels of Zinfandel wine at seventy cents per gallon. “ Prices are naked F. O. B. Cars California shipping point, * * *. Payment for the wine to be cash against bill of lading…