Klinger

This is a rehearing from an opinion rendered in an appeal from a joint and several judgment against agents and their undisclosed principal for the purchase of grapes.

On rehearing our attention is called to the fact that the pleadings present an issue regarding the relationship of Horton and Gibson as agents for The Modesto Fruit Company in the transaction in which the obligation was incurred and that at no time during the process of the trial was a demand made upon the respondent to elect between the appellant and its agents as to which she would choose to hold liable for the purchase of the fruit.

The complaint alleges that the defendants Horton and Gibson, as the agents of The Modesto Fruit Company, a corporation, purchased on consignment seventeen carloads of black grapes from the respondent which were sold by the Fruit Company for the net sum of $7,102.43, no part of which was paid plaintiff except the sum of $4,849.46, leaving a balance of $2,252.97 of the purchase price unpaid. It was specifically alleged that the defendants Horton and Gibson acted as the employees of the Fruit Company in that transaction without disclosing their agency. The liability of an undisclosed…