Colovich v. National Fish & Oyster Co.

Tripo Colovich was the master of the •Schooner Mary K., of which he was also half-owner with *48his brother, Costo Colovich, and .one Frank Sanbat was a member of the crew. These three manned the boat; they fished oysters which they sold and the net proceeds were divided between them. The business was transacted by Tripo Colovich in the name of “Schooner Mary K.”

Oysters were sold and delivered to defendant of the value of $185.85 for which defendant refused to pay on the ground that they were not up to the grade represented. But the evidence shows that the oysters were not only fully up to…