Hills

The complaint was for the balance due on a contract for the sale of certain oranges by plaintiffs to defendant. The answer does not deny the execution of the contract set out in the complaint, but, by way of counterclaim, presents an offset for labels furnished by defendant to plaintiffs. There is also a cross-complaint for damages caused by plaintiffs’ failure to furnish as much fruit as the agreement called for. Plaintiffs admitted the allegations in reference to the labels, but took issue with the cross-complaint. The action was tried before the court and judgment was rendered in favor of plaintiffs, findings having been waived.

The claim for damages on the part of defendant is based on the contention that plaintiffs furnished only nine carloads of fruit of the quality prescribed, whereas they agreed to sell “twenty cars of seedling oranges, more or less,” and that, relying upon said agreement, defendant contracted with its customers for the sale of fifteen carloads. The deficiency, so it is claimed, was supplied at an additional expense to defendant.

We think there is no merit in the contention that the complaint fails to state a cause of action. The position of appellant in…