Spencer

This is an action to recover a balance, claimed by plaintiff to be due from defendant, of proceeds of oranges sold by defendant for plaintiff, and not accounted for. Judgment was given in favor of plaintiff, from which defendant appeals upon the sole ground that it is not sustained by the evidence,

Plaintiff and defendant, in August, 1921, entered into a contract by which plaintiff agreed to deliver to defendant the crops of oranges grown in his orchard in Tulare County, for the term of five years. Defendant was to do everything necessary to prepare the oranges for marketing, and act as agent for plaintiff in selling them. Out of the proceeds defendant was to retain the charges for his services, and to pay over the balance to plaintiff. In the year 1926 plaintiff delivered the crop in lots as called for by defendant, at his packing-house, and from time to time, during .the picking and shipping season, defendant sold the oranges, and rendered accounts of sales and charges to plaintiff, and made payments to him, a final account being made in October, 1926, covering the season’s transactions, showing a balance of $744.60 due plaintiff, a check for that amount being inclosed. This…