Jan Wai v. Smith-Riddell Co.

Plaintiffs were given judgment for the value of meats alleged to have been “delivered to T. Tominaga at the special instance and request of said defendant. ’ ’

The evidence shows without conflict that the defendant leased certain lands in Yolo County to Tominaga for a term of one year beginning December 1, 1917, at the annual rental of $12,134, payable as follows: $6,067 on or before July 15, 1918, and $6,067 on or before September 1, 1918. Tominaga gave the defendant a mortgage on the crops to be grown on the land, as security for the payment of the rent, authorizing the defendant to take possession of and sell the crops grown in case of default in payment. Plaintiffs were furnishing Tominaga with meat to supply his camp and early in 1918 they informed him that they could not deliver any more meat until he paid his bill for that already furnished. Not having the money with which to pay the bill, Tominaga informed the defendant of the situation and requested the latter to make payment in his behalf. Thereupon the defendant wrote the plaintiff as follows:

Early in the following March, Mr. Smith, who was president of the defendant corporation, called on the plaintiffs at their…