Kennel

plaintiff sued the defendant to recover a judgment for the purchase price of beet pulp sold and delivered. Judgment was awarded the defendant and the plaintiff has- appealed.

The plaintiff’s complaint alleged that the plaintiff “sold and delivered to defendant goods, wares, and merchandise,” etc. In her answer the defendant pleaded as follows:

The defendant also pleaded a counterclaim, in which she alleged the same defective and bad condition of the beet pulp, her injuries by reason of the use thereof, and asked damages in the sum of $2,000. The trial court made findings which included, among others, paragraph 2, which is as follows:

In its brief the appellant attacks said finding as not being supported by the evidence. Points 1, 2, 3, 4, 5, and 7 attack the findings one phrase or clause at a time. We think that no one of the points is well founded. Mrs. Kennel testified that she made the purchase by talking over the telephone to Mr. Code, an agent of the plaintiff. She said that she generally used the best beet pulp she could buy for milk cows; that she generally used beet pulp from the Larrowe beet pulp factory, which has a place at Salinas and one at Los Angeles. Code told…