Pann

This is an appeal from a judgment in favor of the plaintiff in the sum of $1562.30, and representing the full purchase price of a carload of oranges purchased of defendant at Santa Ana, California. The material facts are as follows: On December 4, 1922, a representative of appellant called respondent on the telephone and asked him if he had any orders; quoted respondent two cars of navels, one for shipment that day and one on the following day. Respondent inquired concerning the quality and particularly concerning the color. The fruit was represented to be of “good color and good full pack”. Respondent replied that he would wire the car out and confirm the following day, which he did, receiving in return bill of lading and manifest. Respondent also informed appellant’s representative that he was relying upon his representations entirely as to the quality. Respondent paid appellant the sum of $1562.30 for the oranges. On the arrival of the car at Youngstown, Ohio, it was found, according to the testimony of at least one witness, that the “color was dead green and couldn’t even be identified as oranges”; that “they were worthless”, although there was a “good market” and “heavy…