Dennie

Action to recover the price and value of certain goods alleged to have been sold by plaintiff to the defendants under a written contract of sale and purchase. Trial to a jury. Verdict and judgment for defendants. Plaintiff moved for a new trial, which was denied, and appeals from the judgment and order.

Plaintiff by his complaint averred that the defendants, in writing, ordered from the plaintiff certain goods and merchandise to be shipped to Los Angeles, in which they agreed to pay the price and value thereof, less a discount of twenty per cent and freight, one-third in three months,' one-third in four months, and one-third in six months from date of shipment. That pursuant to such order, plaintiff shipped the goods and defendants received the same and paid the freight; that no part of the price and value had been paid to plaintiff by defendants. Defendants denied - that they ever purchased the goods under a written contract, or otherwise; denied that they ever executed a contract in writing for the purchase of such goods; and by way of separate defense alleged that the only contract or agreement ever entered into between plaintiff and defendants was for the consignment by…