Deller v. Long

— The single issue presented to the superior court in this case was whether the defendants, by verbal contracts, expressly guaranteed to pay plaintiff’s assignors a fixed and stipulated net price for a number of boxes of apples which had been delivered to the defendants. It was the contention of the defendants that the apples had been received by them as commission brokers in the usual course of business, and that no guaranty of price had been made. The issue was purely one of fact. The trial court made findings to the effect that the contracts actually entered into between the parties were…