Phillips v. Mathews

By their amended complaint plaintiffs seek recovery of $2,000 under a written purchase agreement signed by the parties, dated January 7, 1946, and properly pleaded. It recites that defendant Mathews, as seller, agrees to sell and deliver to plaintiffs, doing business as the Visalia Poultry Products Company, 1,000 turkeys between May 15 and May 30, 1946, and acknowledges receipt of $2,000 as “guarantee that he will be delivered and received as herein. . . . Said sum of $2,000 to be deducted from total purchase price at time of delivery.” Then follows the allegation that said sum was paid, that…