Pann v. Fay Fruit Co.

THOMPSON (IRA F.), J.

This is an appeal from a judgment in favor of the plaintiff in the sum of $1562.30, and representing the full purchase price of a carload of oranges purchased of defendant at Santa Ana, California. The material facts are as follows: On December 4, 1922, a representative of appellant called respondent on the telephone and asked him if he had any orders; quoted respondent two cars of navels, one for shipment that day and one on the following day. Respondent inquired concerning the quality and particularly concerning the color. The fruit was represented to be of “good color…