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Plaintiffs were wholesale apple merchants at Watsonville, California, and defendants were partners engaged in the produce and commission business under the name of “Valley Fruit and Produce Company,” in the city of Stockton, Plaintiffs claim to have sold and shipped to defendants three carloads of apples in October and November, 1920. The first of these cars, consigned by respondents to themselves, with a draft on appellants attached to the bill of lading, was paid for and is not involved in this controversy, except as the facts connected therewith may have some bearing upon the question of the liability of appellants for the other two carloads, which were shipped on open account and were never paid for. The complaint was to recover the purchase price of these, being in two counts in consequence of the two separate shipments. The two counts are similar in form and it was alleged in the first “that heretofore and on November 5, 1920, at the special instance and request of defendants, plaintiffs sold and delivered to defendants at Watsonville, Calif., certain goods, wares and merchandise, to-wit: a carload of apples, which was of the fair and reasonable worth and value and for which…