Boyles v. Kingsbaker Bros. Co.

The plaintiff obtained judgment for breach of contract for the sale and purchase of a crop of Bartlett pears.

The questions presented upon appeal are mainly questions of fact. This court may not overthrow the judgment of the trial court in its decision on questions of fact unless there is a want of evidence to support the judgment.

The major question involved is whether the -pears which were sold under a certain contract met the requirements thereof as to size, quality, shape and condition, interpreted, of course, with a consideration of the general rules and customs which are commonly…