Loose

Plaintiff broughtthis action seeking damages and the rescission of a contract to purchase 500 cases of dates. Defendants answered and filed a cross-complaint seeking damages for breach of the contract. The cause was tried by the court sitting without a jury and from a judgment in favor of defendants, plaintiff appeals.

The sale was negotiated by a Mr. Hatton^ who had originally imported the dates from England and sold them to defendants. Mr. Hatton appears to have acted as a volunteer without compensation in the present transaction. He told plaintiff of these dates and after bringing him a sample, invited plaintiff to the cold-storage warehouse to inspect' and examine them. Plaintiff went to the warehouse' and examined some of the cases and three days later entered into a written contract with the defendants. The contract called for “five hundred (500) cases of 1927 crop ‘Sayers’- Dates of T. G. & Co. Brand as per samples inspected at the Growers Cold Storage Company”. Pursuant to the contract the first 50 eases were delivered and paid for. Thereafter plaintiff, claiming the dates delivered to be of an inferior quality and “inferior in all respects to said samples”, brought this…