Plaintiff customer filed an action against defendant supplier for the recovery of damages for the breach of a written sales contract. The Superior Court of the City and County of San Francisco (California) entered a judgment for the customer, and the supplier appealed.

Overview: civil litigation attorney Los Angeles CA

The customer sought to recover damages for the supplier's failure to provide the customer with a certain commodity. The day after the contract was executed the price of the goods rose, and the supplier alleged that the customer knew of the price rise and directed the supplier to obtain the commodity with a specific wholesale dealer. The supplier claimed that the customer misrepresented that he was not on friendly terms with wholesale dealer for the purpose of misleading and deceiving the supplier. The supplier also contended that it was improper to grant the customer's motion to introduce a deposition of a witness because the commission to take the deposition did not have the seal of the court attached to it as required by Cal. Code Civ. Proc. § 2024. The court held that there was evidence that the customer did not make any misrepresentation to the supplier. The court also held that the deposition was admissible because the supplier could not show any resulting injury, and the failure to place the seal on the commission was a mere irregularity.

Outcome

The court affirmed the judgment.

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