Ehlers

The defendants filed separate notices of appeal from the judgment herein in favor of plaintiff. The parties have stipulated that the appeals be consolidated and that the same may be heard and determined on a single record.

The defendant Associated Fruit Company is a corporation which maintains offices in several cities. In so far as concerns the transactions involved in this case, its principal office is in the city of Fresno. At the time of those transactions, and for several years prior thereto, the defendant Bihn was engaged in the business of buying and shipping fruit at the city of Napa. In the year 1922 the company and Bihn agreed to co-operate in buying and shipping fruit produced in Napa County and' certain adjacent territory. They reduced their agreement to writing in the form of a letter signed by the company, dated July 7, 1922, addressed to Bihn and accepted by him in writing, as follows:

Mr. Lacey, whose name is mentioned in the contract, appears to have had at least general supervision over the company’s office at Napa and he signed checks in behalf of the company in payment for fruit purchased by Bihn under the latter’s contract with the company. The company and…