Blodgett

This was an action brought to recover the sum of $952.33 alleged as due from defendant to plaintiff on account of the sale of a certain lot of merchandise. The court rendered judgment in favor of the plaintiff for the sum of $678.30, with interest. This appeal was taken from that judgment and from an order denying defendant's motion for a new trial.

Defendant in the year 1909 was engaged in the business of a seller of farming implements at the city of Santa Ana. Through the representative of plaintiff company, he ordered a lot of implements, which lot contained 27 plows of a certain kind, his agreement being to pay five per cent over and above the price at which the implements were invoiced to plaintiff by the eastern manufacturers. The defendant, in his answer, after denying the general allegations of plaintiff’s complaint, alleged that the purchase was made upon the terms just stated, and further alleged that the plaintiff “agreed to give to said defendant a copy of the invoice showing the cost price of said goods to said plaintiff but that said plaintiff has never delivered to said defendant said invoice.” This allegation then followed: “But that said defendant denies that…