Finchum v. Lyons

This is an action to recover the price of seed potatoes grown by plaintiff Finchnm for defendant Fiorovich. The defendant Lyons was granted a nonsuit, and the jury found against Fiorovich, who will be referred to herein as the sole defendant. Fiorovich appeals and complains of the instructions to the jury and the rejection of three exhibits offered by him.

The plaintiff is a Klamath county farmer, and the defendant is a potato dealer at Watsonville, California.. In April, 1961, the parties agreed in writing that the defendant would furnish plaintiff 700 sacks of Kennebec seed potatoes, that…