Emerzian

Plaintiff brought this action to recover from defendants the total sum of $20,110.96, alleged to be due and owing to plaintiff for shook and other material furnished defendants and for labor performed in connection therewith by plaintiff and for commissions on the sale of a certain specified quantity of grapes and certain labor performed and materials furnished necessary to the handling of said fruit for the purposes of shipment and sale.

The issues were made by the complaint, the answer thereto, the cross-complaint of defendants, asking for affirmative relief and the answer of plaintiff to the cross-complaint. Findings were in favor of defendants and, accordingly, judgment was rendered and entered that “plaintiff take nothing by its complaint, and that defendants do have and recover judgment against said plaintiff, . . . for the sum of $10,635.22,” which sum includes interest on the sum of $10,204.50 (the principal sum found by the court to be due defendants from plaintiff) at the rate of seven per cent per annum from December 1, 1922, to the date of the entry of the judgment.

The plaintiff appeals from the judgment, on a bill of exceptions.

The plaintiff is and had been for…