D'Acquisto v. Evola

Plaintiffs brought this action for breach by defendants of an alleged agency contract whereby plaintiffs were to buy, weigh, load, pack and ice sardines for defendants, - and were to receive a fixed sum per pound for their services. Defendants denied the major allegations of the complaint, including those relating to the claimed agency, contending that the transaction was in fact a sale, and cross-complained for damages for breach of warranty. The trial court found that defendants appointed plaintiffs their agents to purchase fresh sardines; that pursuant to this contract of agency plaintiffs…