Mozzetti

The plaintiff commenced an action to recover a judgment for merchandise sold and delivered. Judgment went for the plaintiff and the defendant has appealed. The plaintiff was, prior to July 1, 1920, engaged in the business of dealing in stock feed at wholesale. The defendant was a dairyman and purchased large quantities of hay of the plaintiff. In some years the purchases ran as high as $40,000. During the season of 1920 the plaintiff commenced to close up its affairs and go out of business. A difference having arisen between the plaintiff and the defendant, the plaintiff commenced its action by filing a complaint, the charging part of which is, “That the said defendant Ben Mozzetti is indebted to the plaintiff above named in the sum of nineteen hundred twenty-five and 50/100 dollars ($1,925.50) for goods, wares and merchandise sold and delivered by plaintiff to defendant at the special instance and request of said defendant, at the said city and county of San Francisco, state of California, together with the interest accrued on said sale, and for which the said defendant promised and agreed to pay to said plaintiff at said city and county of San Francisco, state aforesaid, said…