Ah Tong v. Earle Fruit Co.

Britt, C.

Plaintiff, a Chinese, early in August, 1893, delivered a quantity of pears to defendant, a corporation, to be sold upon commission; he alleged in his complaint that defendant, as part of its contract with him, guaranteed to him a net return of fifteen dollars per ton for the pears; that he delivered 184,190 pounds of the fruit to defendant, and was entitled to receive therefor at the rate guaranteed the sum of $1006.44; that defendant paid only the sum of $550, leaving a balance due of $456.44, for which he sues. Defendant denied the guaranty, and set up as a counterclaim that the…