Banks

pro tem. — Defendant Angeles Brokerage Company, a corporation, appeals from a judgment against it and brings here for review the judgment and the order of the lower court denying its motion for a new trial.

This is a suit by the seller in a contract of sale of citrus fruit against the buyer for damages growing out of the refusal on the part of the buyer to take and pay for the fruit. The trial court found in favor of plaintiff and against defendant corporation, and assessed damages in the sum of $1,945.05, and thereafter defendant corporation presented its motion for a new trial on all of the statutory grounds, and said motion was denied.

It might be here noted that no judgment was given against defendant Pann.

It is admitted (and is indeed the basis of the action) that in March of 1919 plaintiff agreed to sell and defendant agreed to purchase ten carloads of San Fernando Valencia oranges of specified grades and sizes. As a particular specification the fruit sold on the contract was to be free from frost. It is further admitted that in pursuance of the contract plaintiff did tender to defendant certain cars of fruit and that defendant refused to accept the same.

On the…