Balcom

The plaintiff brought an action against the defendants which sounds in conversion. The case was tried before the trial court sitting with a jury.

The jury returned a verdict in favor of the defendants and from the judgment entered thereon the plaintiff has appealed under section 953a of the Code of Civil Procedure. As we have stated, the plaintiff’s complaint is; in the ordinary form of an action for conversion. It charges the defendants with having converted 61,395 pounds of beans and 1,445 pounds of split beans. The defendants answered denying all of the material allegations of the complaint. It may be stated at this point for the purpose of greatly clarifying the record, that the plaintiff claimed the full weights stated in all of the warehouse receipts issued to him, whereas the defendants claimed that during the delivery season the plaintiff was not satisfied with the weight tags, requested the defendants to weigh the plaintiff’s beans on two different scales, that the beans were so weighed, and that warehouse receipts in some instances were issued at one set of scales for a certain lot of beans, and when the same beans were weighed at the other set of scales another…