Kopke Bros. Mercantile v. California Coöperative Canneries Ass'n

The opinion of the court was delivered by

Harvey, J.:

This is an action for damages for failure to deliver property purchased under a contract. It was tried to the court, who sustained a demurrer to plaintiff’s evidence and rendered judgment for defendant. Plaintiff has appealed.

On July 15, 1924, plaintiff, a wholesale grocer of Hutchinson, entered into a written contract with the defendant, which appears to be a sales agency for certain fruit growers in California, for the purchase of 400 cases of canned apricots and 900 cases of canned yellow free peaches. The contract contained a provision:

“I…