White

On the sixth day of September, 1922, the plaintiffs, being the owners of a certain vineyard, entered into a contract for the delivery to the defendant of two varieties of grapes then being and growing on said vineyard. This contract is in the following words and figures, to wit:

The grapes referred to in said agreement having been delivered by the plaintiffs to the defendants and payment not having been made therefor, this action was begun to recover the amount claimed by the plaintiffs to be due. Plaintiffs had judgment and from this judgment the defendants appeal.

The controversy between.the parties, as shown by their pleadings, presents two questions: 1. Whether or not the plaintiffs were entitled to at least the amounts claimed to be due them by the defendants for each ton of grapes delivered without deductions for brokerage, defendants’ commissions, and market expenses though defendants did not succeed in selling the grapes for a price sufficient to meet these charges; and 2. The amounts which defendants were entitled to deduct from the returns for marketing expenses, brokerage and commissions in those cases where they were entitled to deduct any amount. The plaintiffs in…