Midland Linseed Products Co. v. Palace Hardware & Arms Co.

• Decision Date: 17 February 1925
• Docket Number: Civil 2181
• Citation: 27 Ariz. 363,233 P. 590
• Parties: MIDLAND LINSEED PRODUCTS COMPANY, a Corporation, Appellant, v. PALACE HARDWARE AND ARMS COMPANY, a Corporation, Appellee
• Court: Arizona Supreme Court

233 P. 590

27 Ariz. 363

MIDLAND LINSEED PRODUCTS COMPANY, a Corporation, Appellant,
v.
PALACE HARDWARE AND ARMS COMPANY, a Corporation, Appellee

Civil No. 2181

Supreme Court of Arizona

February 17, 1925

APPEAL from a judgment of the Superior Court of the County of Maricopa. O. J. Baughn, Judge. Judgment reversed and cause remanded.

Messrs. Townsend, Stockton & Drake, for Appellant.

Messrs. Zimmerman & Mulhern, for Appellee.

OPINION

[27 Ariz. 364] LOCKWOOD, J.

This is an action by Midland Linseed Products Company, a corporation [233 P. 591] hereinafter called the plaintiff, against Palace Hardware & Arms Company, a corporation, hereinafter called the defendant, for damages for the breach of a certain contract for the purchase and sale of thirty barrels of linseed oil. With a few exceptions, the facts are not greatly in dispute.

On December 3, 1919, defendant wired plaintiff's agents, Messrs. Willits, Patterson, & Green, hereinafter called the agents, at Los Angeles, California, as follows:

"Ship five barrels pale linseed oil first of each month April to Sept., at dollar seventy four four telegram December first." -- following it by mail with a written order:

"Original Purchase Order, Palace Hardware & Arms

Company.

"Phoenix, Arizona, 12/03/19.

"Ship to ourselves. Messrs. Willits, Patterson & Green, Los Angeles, Calif. Invoice to us only. Ship via Santa Fe freight. Terms: [27 Ariz. 365]

"Check. Quantity. Unit. Article. Price.

"Ship 5 barrels pale linseed oil first of each month, April to September, at . . . . . . . .$1.74 gal. "(Confirmation our wire of above date.) "PALACE HARDWARE & ARMS COMPANY,

"By HARRY THOMPSON."

Immediately on receipt of the wire the agents answered it in the same manner as follows:

"Palace Hdwe and Arms Co Phoenix Ariz "Have entered thirty barrels April Sept dollar seventy four thanks.

"WILLITS, PATTERSON & GREEN."

And on the same day wrote:

"Willits, Patterson & Green.

"Los Angeles, Calif., Dec. 3, 1919.

"Palace Hdw. & Arms, Phoenix, Arizona.

"Gentlemen: We have just wired you confirming your order of 30 barrels, and are inclosing herein written confirmation, and we have already sent you written confirmation of your previous order. . . .

"We note in both your orders you request shipment of five barrels of oil the first of each month. Now we would prefer very much that you give us shipping instructions each time you want some oil forwarded to you. The Midland contracts on future deliveries of oil, a copy of which will be forwarded for your signature in the near future, specify about equal quantities monthly and also specify a storage charge of 1c per gallon per month on oil delinquent on contract. We will say for your information, however, that ordinarily...