Loose v. Flickinger

Plaintiff broughtthis action seeking damages and the rescission of a contract to purchase 500 cases of dates. Defendants answered and filed a cross-complaint seeking damages for breach of the contract. The cause was tried by the court sitting without a jury and from a judgment in favor of defendants, plaintiff appeals.

The sale was negotiated by a Mr. Hatton^ who had originally imported the dates from England and sold them to defendants. Mr. Hatton appears to have acted as a volunteer without compensation in the present transaction. He told plaintiff of these dates and after bringing him a…