Trifiro

This is an action in which the plaintiffs seek to recover from the defendant the purchase price of 6,100 gallons of wine alleged to have been purchased by them from the defendant at Madrone, Santa Clara County, California, and which wine proved upon its arrival in New York to be spoiled and worthless; and also to recover certain additional sums expended by the plaintiffs in connection with this shipment of said wine, together with a further recovery of $3,000 damages alleged to have been sustained by the plaintiffs in their business of supplying their customers with wine by reason of the fact that the wine that they thus received and supplied to them was spoiled and worthless.

The defendant answered, denying the averments of the plaintiffs’ third amended complaint, and the cause proceeded to trial.

Upon the trial the written agreement of the parties as to the purchase and sale of this wine was presented in evidence, from which it appeared that the defendant sold and the plaintiffs purchased “two carloads of wine about 7,200 gallons at the price of 23 cents a gallon, delivery at the car.” The contract also called for the payment of the purchase price in cash upon delivery at the…