Tanaka

The appellant Highway Farming Company and the plaintiffs entered into a contract, by the terms of which the latter were to perform all the work and labor in the production of a crop of grapes on 120 acres of land belonging to the former and to receive therefor “45 per cent of the gross proceeds of all the grapes,” the same to be sold “jointly by the first party and the second parties in their names.” The complaint alleges that thereafter the defendants E. S. Ardzrooni and L. S. Ardzrooni, as copartners, “did assume each and all of the obligations of said contract on the part of said Highway Farming Company to be kept and performed’ ’; that the plaintiffs complied with all the terms of the contract and duly delivered the crop produced upon the premises; that the defendants did not comply with the terms of the contract, but, on the contrary, sold all of the crops “without the knowledge and consent of said plaintiffs, or in the name of said plaintiffs or either of them” and refused “to account for or pay to plaintiffs, or any one of them, said forty-five per cent of said crops to which the plaintiffs are entitled, or any amount in excess, of 9 per cent thereof.” The complaint then…