Bishop

Action by plaintiff to recover the sum of $590, balance due on a contract for oranges sold and delivered; also to recover the further sum of one thousand one hundred dollars damages for breach of the same contract by refusal of defendants to receive a part of the oranges sold and to pay for same. Judgment in favor of plaintiff on both demands, from which judgment defendants appeal.

The terms of the contract were as follows:

Appellants claim: 1. That the evidence is insufficient to sustain that portion of the findings which found the oranges in question to be “merchantable fruit, free from splits and to conform to the government test of 8 to 1.” 2. That the evidence is insufficient to sustain the last paragraph of finding X, which is as follows: “That on or about the twenty-seventh day of November, 1916, the defendants, through their agent, inspected said plaintiff’s crop of Washington Navels mentioned in said contract of October 21, 1916, and accepted all the oranges in the lower ten acres of said grove consisting of about one.hundred nine thousand, five hundred pounds (109,500) as complying with said contract of October 21, 1916, and instructed plaintiff to pick and deliver the…