Gash

This action is one in which the plaintiff seeks to recover the sum of $1,610, damages for the alleged breach of a written contract between the parties hereto for the sale and delivery by the defendants to plaintiff of a carload of California cranberry beans. The complaint alleges that on the second day of August, 1913, at the city of New York, the plaintiff and the defendants entered into a written contract whereby said defendants agreed to sell and deliver and said plaintiff agreed to purchase a carload containing 40,000 pounds of new crop choice, recleaned California cranberry beans at a price of $4.25 net per hundred pounds, delivered free on board steamer at San Francisco, California, to be shipped thence to New York and to be paid for by drafts at ten days’ sight; that prior to the time of arrival of said beans at New York and prior to the time when said plaintiff could have had an opportunity to examine said beans the draft for their purchase price arrived and was paid by the plaintiff; that when said consignment of beans arrived at New York in the month of December, 1913, and were examined by plaintiff it was found that said beans were not of the kind and quality called for…