Eells v. Gray Bros. Crushed Rock Co.
California Court of Appeal
APPEAL from a judgment of the Superior Court of Orange County. Z. B. West, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
Action to recover the value of certain nursery-stock, consisting of budded walnut trees, alleged to have been sold and delivered to defendant at its special instance and request.
Judgment was rendered for plaintiff. The appeal is from the judgment and an order denying defendant’s motion for a •new trial. Defendant offered no evidence, and the only point which it urges as ground for reversal is that the court erred in denying defendant’s motion for a nonsuit.
Defendant is a corporation and, as shown by the evidence, the owner of a twenty-four acre orchard in Orange county, which for ten or…
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