Humphrey

The plaintiff commenced an action against the defendants to recover a judgment for the price of a harvester sold and delivered. The defendants answered the complaint and they also filed a cross-complaint. The eross-eomplaint was answered and the issues so made were tried before the court sitting without a jury. The court made findings in favor of the defendants and from a judgment entered thereon the defendants have appealed.

No demurrer was interposed and there was no motion to strike out. However, as we understand the plaintiff, it claims that the alleged misrepresentations were not as to material matters, that they were not false, and that the case as made by the defendants did not entitle them to any relief.

The defendants were engaged in farming 1,000 acres of grain in the neighborhood of Pescadero. Because of the prevalence of fo'g in that neighborhood, during the summertime, harvesting is at all times a serious problem. In the spring of 1928 Mr. Cornell, the president of the plaintiff corporation, went to Pescadero and commenced the negotiations to sell to the defendants a harvester. He was taken over the ground, the conditions were explained to him, and he was told the…