Delegan v. White

This is another factual appeal. The defendants (growers, packers, brokers and shippers of fruit at Lewiston, Idaho) stopped payment on a check for $756.60, given to the plaintiffs (fruitgrowers at Penawawa, Wash ington) as payment for a truckload (582 lugs) of Elberta peaches.

The plaintiffs brought an action to recover the amount of the check; the defense was “failure of consideration,” in that the peaches were not as warranted. From a judgment for the plaintiffs, the defendants appeal.

The negotiations for the sale of the peaches were conducted by telephone, two telephone calls being…