KELLER v. HIERS

Docket No. 18528.

108 Cal.App.2d 424 (1951)

239 P.2d 6

A.J. KELLER, Appellant, v. HARVEY HIERS et al., Respondents. W.J. RAVENSCROFT et al., Respondents, v. A.H. KELLER et al., Defendants; A.J. KELLER, Appellant.

Court of Appeals of California, Second District, Division Three.

December 27, 1951.


Attorney(s) appearing for the Case

Macbeth & Ford, Norman Macbeth and Patrick H. Ford for Appellant.

Harry J. Gross, Cook & Johnson, Harold E. White and Clifford A. Rohe for Respondents.


SHINN, P.J.

On November 13, 1947, plaintiff gave defendants and defendants accepted a written order for the purchase at $4.25 each of 1,000 soda fountain pumps to be manufactured by defendants as per sample furnished by plaintiff. The agreement read in part:

"Also, find enclosed a cashier's check for $2125.00 to be applied on our account, balance to be paid after completion and delivery of 1000 pumps. If said pumps are not completed and delivered within a...

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