Galbreath

This action was brought by the plaintiff to recover, as for money paid out at the instance and request and for the benefit of defendant, the sum of $617.49, together with interest. Judgment was for the defendant. The appeal is taken from an order denying plaintiff’s motion for a new trial and is presented on the judgment-roll and a statement of the case.

Plaintiff, in 1912, was engaged in the handling and marketing of fruit. In the same year defendant was the owner of an orchard which was then producing oranges and grape fruit. The orchard was located in San Bernardino County, California, while the defendant was a resident of the city of St. Louis, Missouri. In the year mentioned, one of plaintiff’s officers, having apparently observed that there was some especially fine fruit in the orchard of defendant, wrote to the defendant this letter:

To this letter defendant made reply, stating that he had then pending a deal to sell his fruit on the trees, but had not signed the contract. He requested plaintiff to get in touch with his overseer and to cover fully any offer the plaintiff -had to make and to state the price that plaintiff believed the fruit would bring. This last…