Lerner

The complaint in this ease consists of seven counts which were based upon assigned claims for the price of grapes sold and delivered, together with the value of materials furnished and labor performed. Prom a judgment which was rendered in favor of the plaintiff and against both defendants, the Tracy-Waldron Fruit Company has appealed.

It is contended the judgment is not supported by the evidence. There is no merit in the appeal.

The appellant is a corporation which is engaged in the business of buying and marketing fruit. The defendants, Sanderson and Digardi, are copartners doing business under the firm name of California Land Products Company. In 1925, the appellant entered into a written agreement for the season with the defendant partnership for “buying, shipping and handling . . . grapes, from the following California counties, to-wit: Contra Costa, Santa Clara, Napa, Mendocino and Sonoma, to points within or without the State of California”.

This contract was executed by the appellant and accepted by the copartnership. It contains the following provisions:

This contract creates a joint venture for the purchase of grapes during the season ending October 15, 1925, in Napa…