Papazian

Plaintiff commenced this action in claim and delivery. The cause was tried hy the court sitting without a jury and judgment went to the plaintiff, from which the defendant has appealed on a record prepared under section 953a, Code of Civil Procedure.

The suit involves the right to the possession of about 75 tons of raisins produced on the defendant’s land in the county of Fresno during the year 1923. Plaintiff’s claim rests on an assignment from the Sun-maid Raisin Growers Association of a written contract executed by its assignor and the defendant for the disposition of all the raisins or raisin grapes produced by the defendant for a specified period upon a certain described piece of property. The complaint is in the usual form in claim and delivery and alleges that the value of the raisins which the defendant holds in his possession was about $6,000. The answer is in the usual form denying plaintiff’s ownership or right to the possession of the raisins. With the issues so framed the plaintiff rested its case upon proof of the execution and assignment of the contract and of defendant’s refusal to relinquish possession of the raisins. Thereupon the defendant moved for a nonsuit…