Bohnett

Plaintiffs sued defendant for $417.95, the amended complaint alleging that on the fourteenth day of June, 1917, the defendant and S. Di Fiore, doing business under the name of D. Di Fiore Canning Company, entered into an agreement whereby the defendant sold and the Canning Company purchased the defendant’s crop of fresh apricots grown during the season of 1917 at the price of $75 per ton, the estimated quantity being 40 tons. The complaint also alleges that at the time of the execution of the contract S. Di Fiore paid and advanced to defendant on account of the purchase price of said fruit the sum of $500, that but 2,188 pounds of said fruit was delivered, of the value of $82.05, and that defendant has failed, neglected, and refused to deliver any more. It is then alleged that by reason of defendant’s failure to deliver the balance of the apricots plaintiff has been damaged in the sum of $417.95, the amount sued for. A demurrer was interposed, specifying as grounds thereof that the complaint did not state a cause of action, that the plaintiffs did not have legal capacity to sue in that they had failed to comply with the provisions of sections 2466 and 2468 of the Civil Code, and…