Paul

Plaintiff sued to recover $2,779 purchase money paid defendants under a written contract for the sale of a quantity of raisins. Judgment went for plaintiff in the sum of $1,000, from which he appeals on a typewritten record.

The complaint was framed in two counts—one to recover for breach of warranty of title and of quality and the other a common count for money had and received. It was alleged that on February 20, 1924, the parties executed a written agreement for the sale of approximately fifty-five tons of raisins at 3% cents a pound, which defendants represented to be their sole property and to be in good and merchantable condition; that the raisins were delivered to the Foley packing-house on February 24th and 25th in a spoiled, deteriorated, and wet condition; that plaintiff immediately notified defendants in writing of the condition of the raisins, that the same were rejected and held by the packing-house subject to defendants’ disposal; that after the rejection of the raisins they were taken from the packing-house by the Sun-Maid Raisin Growers Association under claim of paramount title. In the answer it was denied that any representations as to title or quality were made…