Webb

— During the year 1923 Domenico Casassa was the owner of a vineyard near Santa Rosa, which he had leased for that year to A. Pinoeehio, the returns from the vineyard to be divided between the parties to the lease. In August of that year Casassa and Pinoeehio entered into an agreement with the plaintiff, designated as a “grape shipping contract,” and providing, among other things, as follows:

The agreement provided for the payment to the plaintiff of a commission for his services. It was signed by Casassa and Pinocchio and also by the plaintiff. Casassa and Pinocehio executed another instrument reading as follows:

No grapes were delivered to the plaintiff under either contract, but Casassa and Pinocehio sold their grapes to other persons. The plaintiff delivered shook to them as provided for by the second contract. The complaint alleges that Casassa and Pinocchio refused to perform the terms of the first contract, to plaintiff’s damage, and also that they refused to pay the amount specified in the second contract, and prays for judgment in accordance with such allegations. Copies of the contracts are attached to and made a part of the complaint. The answer does not deny the…