Morton v. Albers Bros. Milling Co.

McDANIEL, J., pro tem.

This appeal is from a judgment by the court sitting without a jury in favor of plaintiff and against defendant for the sum of $2,898. The complaint alleges that on September 16, 1920, at Brawley, California, the defendant corporation purchased from plaintiff 250 tons of milo maize at an agreed price of $50 per ton; that plaintiff delivered all of said maize in accordance with the contract and that defendant received and paid for 112 tons thereof, but after receiving the same refused to pay for and turned back to the plaintiff against his will and con sent 138 tons…