Abdallah

The plaintiff had judgment in an action brought to recover the value of empty beer bottles and eases obtained by the defendants from the plaintiff and contracted to be returned by the defendants to the plaintiff. Prom this judgment the defendants appeal.

It appears from the record that the plaintiff and the defendants, in 1926, entered into an agreement whereby the plaintiff, as a wholesaler, agreed to sell and deliver to the defendants, as retailers, near-beer at a price agreed upon between them. The cases in which the bottles containing near-beer should be contained were to be redelivered by the defendants to the plaintiff, and also the bottles as soon as the same were emptied. In other words, the bottles containing the beer and the cases in which the bottles were placed for shipment were to be retained by the defendants until the beer was sold and consumed, and then returned by the defendants to the plaintiff. The agreement also was to the effect, that in the event the defendants failed to return any of the bottles or cases, payment was to be made by the defendants to the plaintiff for the bottles and cases not returned. The cases and bottles were to be returned according to…