White

This controversy grows out of a contract made by the parties for an exchange of real and personal property whereby defendants claimed plaintiff sold and agreed to deliver to them, with the ranch so conveyed, some- two thousand fruit trays which at the time of the making of the contract were, and for a period of one year or more had been, in the possession of a third party upon another ranch and which trays defendants thereafter took into their possession.

Findings were waived and the court gave judgment for defendants, from which plaintiff appeals. Upon the record the only rulings that can be considered are those involving the interpretation of the written contract between the parties, and the admission and rejection of certain testimony. The clause of the contract upon which respondents relied and which the court construed as entitling them to the trays is as follows: “The following described personal property now situate upon said real property in Kings County is to go with the said property in this transfer and to be considered a part of the same, to-wit: Four mules and harness for the same, one spraying outfit and its truck, all trays and boxes, two (2) sows, one (1) cow, one…