Harter

This is an action in claim and delivery for the redelivery to the possession of the plaintiff by the defendant of 370 tons of dried French prunes and 80% tons of dried Muir peaches, of the alleged approximate aggregate value of $70,000, or in case such redelivery is not had or cannot be made, that plaintiff be awarded judgment in the said sum of $70,000, as the value thereof, together with the sum of $10,000 as damages for the wrongful detention of said fruit by defendant after demand was made by plaintiff for the return to it of the possession thereof.

■ The plaintiff is a California corporation, with its principal place of business in the county of Glenn, and was, at all the times mentioned in the pleadings and herein, the owner of an orchard of extensive acreage near Hamilton City, said county.

The defendant, at all said times, “was and now is engaged in the drying, packing and processing of dried fruits, at Harter Station, on the Sacramento Northern Railway, in Sutter County, California, and during all of said times owned and possessed the necessary equipment, buildings, machinery and warehouses for the doing of said work and the storing of such fruit.” It appears that…