Shimizu

The complaint alleges that the defendant became indebted to the plaintiff in the sum of $7,750.35 for goods sold and delivered; that the defendant had paid $3,000 on account, and prayed for judgment in the sum of $4,750.35, the alleged balance remaining unpaid. The answer denies the allegations of the complaint and avers that the cause of action set forth in the complaint arose out of an alleged sale of celery; that the celery was not sold to the defendant but that “the only celery handled by the defendant for the plaintiff was on consignment and not by way of purchase”; that the plaintiff delivered to the defendant 4618 crates of celery “on consignment to be sold on account of plaintiff on commission”; that “the defendant sold the said celery for the plaintiff on commission and the net proceeds thereof, after deducting freight and commission, aggregated the sum of $1311”; that the defendant paid in the plaintiff’s behalf for labor, materials, and cash advanced the sum of $6,819.19. The same facts were alleged by way of cross-complaint and the defendant prayed for judgment for the difference between the alleged amount paid out for the plaintiff and the net receipts from the sale…