Randisi

Action to recover upon a promissory note made and delivered to plaintiff by defendants.

Judgment went for plaintiff, from which defendants appeal upon the judgment-roll.

The note was given in renewal of a prior note made to plaintiff by defendants, which note, as appears from the findings, was given under circumstances as follows: Some months before the making thereof, plaintiff and defendants agreed that the former should, in June, 1911, ship, consigned to the latter in New York city, a carload of wine which plaintiff then had in the city of Los Angeles and which defendants would sell; it being agreed that as compensation for their service in effecting such sale they should retain all the proceeds thereof in excess of thirteen dollars per barrel; that by reason of the wine being of an inferior quality defendants were unable to readily sell the same; that thereupon defendants paid the shipping charges and stored the wine, and two months later, on their return to Los Angeles, informed plaintiff of their inability to make the sale and of the fact that they had stored the same. Thereupon plaintiff charged them with bad faith and threatened them with a suit, but stated “that if they…