Eastwood

Plaintiff entered into an agreement with defendant whereby plaintiff agreed to sell to defendant and defendant agreed to purchase from plaintiff two thousand (2,000) boxes of sugar plums growing and to be grown during the 1929 season upon land in the county of Santa Clara, state of California, known as the Eberhart Tanning lands; defendant agreed to pay plaintiff the sum of $1 per box f. o. b. ranch; plaintiff agreed to full pack in Los Angeles lugs; to deliver the plums free from dirt, insect bites or other blemishes, and to be of a grade fit for all market purposes; plaintiff delivered to defendant 1878 boxes of sugar plums grown and produced on the Eberhart Tanning lands. Plaintiff received $800 on account of the purchase price of 1878 boxes of sugar plums and brought this 'action for the alleged balance, $1078; defendant admits the facts stated above, except that defendant, prior to the commencement of this action, tendered $608.50, which sum the defendant claimed to be the reasonable market price for the plums; the defendant denies that the plums were free from dirt, insect bites and other blemishes, and of such a grade fit for A1 market prices, and alleges that the sugar…