Alciatti

The plaintiffs brought this action to recover for the alleged breach of a contract to sell a quantity of wine and for the commission claimed to be due for the sale of the same. They recovered a general judgment, based upon both counts, and the defendant appeals.

The defendant, a wine grower, signed and delivered to U. Grossini a paper reading as follows:

At the same time she gave. Grossini samples of the wine, which he submitted to several parties including the plaintiffs. The samples were satisfactory and the plaintiffs prepared a form of contract, in duplicate, for the defendant to sign, which they gave to Grossini together with a cheek for $1000, payable to Mrs. Origlia, as a deposit on the purchase price. The agreement, as prepared by the plaintiffs, specified that the defendant agreed to and did sell to plaintiffs thirty-two to thirty-three thousand gallons of red wine, and three thousand eight hundred gallons of white wine, as per “samples furnished by A. Grossini, Broker, and the price is fixed at 50c a gallon F. O. B. Morgan Hill, Calif.,” the plaintiffs agreeing “to pay for the wine bought, as soon as same is delivered,” deducting from the total the deposit of $1000,…