Alberti v. Associated Fruit Co.

Mr. Presiding Justice Barnes

delivered the opinion of the court.

By this action appellant seeks recovery of the price paid appellee for a carload of grapes and the amount of the freight bill. The action is based on the claim of an implied warranty that the grapes would be sound and marketable on their arrival, and breach of agreement to deliver without unreasonable delay. On a trial without a jury the issues were found for defendant,

The essential facts are in the main undisputed.

The grapes were sold while in transit from Santa Eosa, California, to Chicago, whence after sale they were diverted…