Campion

is an action for goods sold and

This delivered. The defendant answered and the case was tried before the trial court sitting with a jury. The jury returned a verdict in favor of the defendant and from the judgment entered thereon the plaintiff has appealed under section 953a of the Code of Civil Procedure.

The plaintiff declared on a common count indebitatus assumpsit. The defendant interposed an answer in which she (1) denied specifically the allegations contained in the complaint, and then she alleged (2) affirmatively that the agreement between the parties was that this defendant should make reasonable efforts to dispose of the goods and that they should be paid for by the defendant as the goods were sold and paid for by the purchasers, and then she further alleged (3) that the agreement was to the effect that the defendant should endeavor to sell the goods and if she was unable to do so then on application the vendor would send, a special salesman from his establishment in San Francisco to the defendant’s place of business at Monterey to assist her in conducting a special sale of said goods, and upon his refusal to do so that the defendant had returned the goods to the…