California Cured Fruit Assn. v. Stelling

COOPER, C.

This action was brought to recover the possession of two hundred and twenty-five tons of dried prunes or the sum of $17,543.14, the value thereof, in case a delivery cannot be had.

The case was tried before the court and findings filed, upon which judgment was ordered and entered in favor of plaintiff as prayed. Defendants bring this appeal from the judgment and order denying their motion for a new trial.

The defendants F. E. and H. G. Stelling (who will hereafter be called Stelling Bros.), in March, 1900, entered intd a written contract with the plaintiff, which recited that, in…