Defendant suppliers appealed a judgment of the Superior Court of the City and County of San Francisco (California) which was entered in favor of plaintiff lessor in an action to recover for breach of a contract to supply building materials.
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The lessor entered into a long term lease of a lot with a third party. The lessor’s agent contracted with the suppliers’ agent for the suppliers to furnish steel to the lessors. The lessors intended to use the steel to build a building on the lot. The lessors intended to carry on business in the building. The lessors filed a complaint claiming the steel was not delivered according to specifications by February, and the suppliers filed a counterclaim for a balance due. A jury awarded the lessor a small amount after deducting the sum of the suppliers’ counterclaim. The suppliers appealed. On appeal, the court affirmed. The court concluded that the suppliers breached the contract and the damages awarded were not excessive. The evidence showed that the suppliers were aware of the lessor’s urgency to erect the building. The court determined that the trial court did not err in excluding the suppliers’ evidence of trade usage. There was nothing in the suppliers’ pleadings to show that the word “pound” had any other meaning than its ordinary meaning. The contract was governed by the statute fixing standard weights and measures.
The court affirmed the judgment in favor of the lessor and against the suppliers in the action to recover for breach of a contract to supply building materials.