Gray

The plaintiffs in this action had judgment- for the recovery of two installments in the total sum of $35,000, being a part of the purchase price of certain real property situate in the city of Lodi, upon which there was then and there standing a canning factory, including all machinery and equipment therein and belonging thereto, save and except a few specified articles. From this judgment the defendant appeals, and upon this appeal contends : 1. That the contract price, or that the amount of the two unpaid installments did not and do not constitute the proper measure of damages; 2. That the contract was not authorized by the defendant; in other words, that the con tract apparently executed by the company is not in fact the contract of the corporation; 3. That no proper offer was made by the plaintiff to deliver possession; 4. That the contract was obtained by the fraudulent representations of one Williams as to the freight rate between the cities of San Francisco and Lodi; 5. That the plaintiff made some fraudulent representations regarding the boilers, a part of the equipment of the canning plant; 6. That there was a parol agreement to restore the plant after the spinach pack…