Morse

Action to recover for 12 sacks of wool deposited with defendant as a warehouseman and which defendant failed to redeliver on demand therefor.

Judgment went for defendant, from which and an order denying a motion for a new trial made by plaintiffs, they appeal.

The case was submitted for decision upon an agreed statement of facts, the material parts of which are as follows: ‘ ‘ The respective parties hereto . . . agree npon the following statement of facts, and submit the same to the court for the determination of the points in controversy hereinafter specified. The facts agreed upon are as follows: 1. The defendant is ... a public warehouseman. 2. The plaintiffs . . . did, on April 15, 1916, duly deliver to defendant as such warehouseman, 69 sacks of wool for storage, which defendant agreed to receive, keep and store in its warehouse in the city of El Centro ... in accordance with the following warehouse receipt, ’ ’ which receipt, in addition to the matters required to be specified therein by section 2 of “An act to make uniform ,the law of warehouse receipts,” stated the wool was received “for account and ai the risk of Morse & Brackenberry”; and also contained a provision…