Porter

On the seventh day of June, 1923, the parties entered into a written contract of sale by defendant to the plaintiffs of a certain lot of grapes. The parts of the contract material to the questions raised by the appeal are as follows:

Admittedly, on the eighth day of June, 1923, 3,561 twenty-five pound boxes of dried grapes were, by agreement of the parties, “delivered by defendant to plaintiffs under and by virtue of the terms of the written- contract,” for which the plaintiffs paid the defendant the agreed price of eleven and one-fourth cents per pound. The complaint alleges that the plaintiffs, in reliance upon the warranty contained in the contract, received the grapes and shipped them to New York City, believing that the grapes were of the kind mentioned in the warranty; that upon their arrival in New York the plaintiffs ascertained that the lot of grapes purchased “contained dried white grapes, as well as dried black grapes”; that the “defendant well knew that plaintiffs purchased said dried grapes for shipment to eastern markets”; that if the grapes had been as warranted they would have been of the value of $16,000 in New York, but that, by reason of the white grapes…