Costaloupes

In this action plaintiff corporation sought to recover from defendants a certain sum of money alleged to he due under contracts for the furnishing of light and power by plaintiff, a public service corporation, to defendants. At the trial the action was dismissed as against all of the defendants, excepting the defendant John E. Tsarnas. The case was tried by the court, sitting without a jury, and judgment was rendered in favor of plaintiff as prayed. A recital of the facts, upon which there is no conflict, will better illustrate the nature of the case and the contentions here made. On May 13, 1921, a written agreement was entered into by and between plaintiff and Costaloupes Company, the terms of which may be summarized. The Costaloupes Company is called the consumer and the San Joaquin Light and Power Corporation is called the company. The company agrees to furnish and the consumer agrees to take, use, and pay for electrical energy from the company’s system for the term of three years from June 28, 1921, to June 28, 1924, during the continuous period from January 1st to December 31st as it occurs in said period, for the operation of a fifteen horse-power motor located on premises…