Irwin v. Pacific Fruit & Produce Co.

Plaintiff instituted this action for the purpose of recovering a balance which he alleged was due him, based upon the delivery by plaintiff to defendant of a quantity of potatoes grown by plaintiff during the year 1933. Plaintiff contended that he sold to defendant something over 500,000 pounds of potatoes at fifteen dollars per ton, for which he should have been paid by defendant $3,924.37, of which sum he admitted that he had received $3,400, leaving an unpaid balance of $524.37, for which he demanded judgment.

The defendant answered, denying any liability to plaintiff and affirmatively…