Young v. Flickinger

FINLAYSON, P. J

This is an action to recover damages alleged to have been sustained by plaintiff’s assignor by reason of defendant’s refusal to accept and pay for a carload of cocoanut meal purchased by defendant. Plaintiff, who was nonsuited in the court below, appeals from the judgment of nonsuit. The appeal turns upon the construction of the written contract for the sale of the meal.

The firm of Lewis-Simas-Jones Co., a copartnership, has its principal place of business at San Francisco. Defendant’s place of business is in Bakersfield. On May 29, 1920, at Bakersfield, defendant and the…