White

This is an action for the conversion of two thousand fruit trays, in which the defendants presented a counterclaim for one hundred dollars. The defendants had judgment that plaintiff take nothing and, also, judgment as prayed for under the counterclaim. The plaintiff appeals.

Appellant was the owner of real property in Kings County and respondents owned real property in Fresno County. They entered into a written agreement for the exchange of their respective holdings, as well as for the exchange of certain personal property. We set forth the portion of the instrument which is of present interest, our italics showing the particular language bearing upon the question we are to determine:

“The following described personal property now situated upon said real property in Kings Comity is to go with said property in this transfer and to be considered a part of the same, to wit; four (4) mules and harness for the same; one spraying outfit and its truck; all trays and boxes; two (2) sows; one (1) cow; one section harrow; one rotary harrow; two twelve-inch plows; one ten-inch plow; one small gang plow; one four-horse wagon; capítol wagon; one vineyard truck; all tree props and hooks; all…