201 Cal. 219, S. F. 11413, P. A. Smith Co. v. Muller
|Docket Nº:||S. F. 11413|
|Citation:||201 Cal. 219, 256 P. 411|
|Opinion Judge:||WASTE, Judge|
|Party Name:||P. A. SMITH CO. (a Corporation), Appellant, v. F. A. MULLER, Respondent|
|Attorney:||F. L. Hatch and Harry G. McKannay for Appellant. Harrison S. Robinson, Harry L. Price and R. W. Macdonald for Respondent.|
|Judge Panel:||JUDGES: In Bank. Waste, C. J. Preston, J., Langdon, J., Curtis, J., Richards, J., and Seawell, J., concurred.|
|Case Date:||May 16, 1927|
|Court:||Supreme Court of California|
APPEAL from a judgment of the Superior Court of Alameda County. H. L. Preston, Judge Presiding.
Plaintiff brought an action against the defendant for the purchase price of plate glass alleged to have been sold to defendant but which defendant refused to accept. The trial court found that certain writings signed by the parties, and on which the plaintiff relied, were not intended to be contracts, but were signed, and duplicates thereof exchanged, pursuant to an oral understanding and agreement that the writings should not, and did not, constitute a contract between the parties, and that they were not delivered as a contract. Judgment was therefore entered for the defendant, and plaintiff has appealed.
The plaintiff corporation is engaged in the selling and furnishing of glass and plate glass. The defendant is engaged in the building business. Plaintiff's causes of action were based upon writings, similar in form, one of which reads as follows:
" P. A. SMITH CO.,
" Oakland, Cal., April 27, 1923
" No. 97
" Mr. F. A. Muller
" We will perform the labor and furnish the GLASS necessary to glaze the building at W.-sie 23rd Ave. bet. E.
14th & E. 12th St., Owner Mr. McElhinney, Architect, East Bay Planners, in accordance with plans & Specif- we will furnish and set plate for the sum of 65 off list; net cash. Disclaiming all liability for delay occasioned by strikes, labor troubles or other causes beyond our control. This bid does not include the cleaning of glass or replacing glass broken by others.
|"EXCEPTIONS: If any cement||P. A. SMITH CO.|
|corners they will be extra at||Per S. H. Sorrell|
|1.00 per lin. ft.|
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