Sanfilippo

This is an appeal by the defendant from a judgment against him in an action in which the plaintiff company sought to recover upon the following alleged facts: That on June 19, 1919, defendant entered into a written contract with the plaintiff by the terms of which the defendant was to sell to plaintiff all the prunes to be grmvn upon his ranch known as the McKagney Place, near Campbell, California, during the year 1919. The prunes were of two varieties, Imown as French and sugar prunes. The price to be paid for the fruit was fifteen cents a pound. At the time when the prunes were to be delivered, the market price at the place of delivery had dropped to eleven cents a pound for the French prunes. Thereupon the defendant secretly and fraudulently procured a large number of French prunes which were not grown upon the McKagney Place and delivered the same to plaintiff as fruit grown upon said ranch and plaintiff, without knowledge of the deception, paid for said fruit at the price provided by the contract. It is further alleged that at the time of delivery of the fruit the price of large sugar prunes had risen considerably and defendant thereupon sold and delivered to buyers other…