Oatman
Oatman v. Eddy
Opinion
Lead Opinion
Smith, J.
The suit was brought to recover the price of plaintiff’s orange crop, alleged to have been sold under a contract between plaintiffs and defendants, of date November 26, 1900, set out below. It was found by the court that the plaintiffs were indebted to the defendants in the sum of $1509.05, as the balance due them for advances to plaintiffs over the receipts from sales and interest; and judgment was entered accordingly. The plaintiffs appeal from an order denying their motion for a new trial.
The contract referred to above is as follows:
There was sold under this contract during the year 1900, eight hundred and eighty-eight boxes of oranges, about which there is no dispute, and during the month of January and the first part of February, there was sold two thousand and ninety-four boxes, about which there is no dispute except that it is claimed by the appellants that the amount found by the court to have been received by the defendants was too little by $86.55; and on this point, the finding seems to be sustained by the evidence. The principal, and, indeed, the only serious question, therefore, is as to the oranges sold subsequent to the twenty-fifth day of March, 1901, amounting…