Atwood

The plaintiff commenced an action against the defendant to recover damages alleged to have been incurred while plaintiff’s apples were in storage in the defendant’s warehouse. The defendant answered, and a trial was had before the trial court sitting without a jury. Judgment went for the plaintiff and the defendant has appealed.

In response to allegations contained in the pleadings the trial court found that the defendant is a California corporation having its principal place of business at San Ber nardino, California; that as a corporation the defendant is engaged in conducting a cold-storage warehouse; that during the months of October and November, 1919, plaintiff delivered to defendant at its cold-storage warehouse in the city of San Bernardino, California, 12,000 boxes of apples, a portion of which constituted the 120,000 pounds of apples described in plaintiff’s amended complaint; that all of said apples so delivered to defendant by plaintiff were delivered for the purpose of having defendant keep said apples in cold storage until such time as the plaintiff sold the same; that at the time of the delivery of said apples by plaintiff to defendant all of said apples were in…