Peterson

This is an appeal by separate defendants (C. A. Wagner and A. A. Merkeley) and defendant B. F. Hall from a judgment terminating, invalidating, and voiding three written instruments for the purchase of hops for the years 1918, 1919, and 1920, and also for injunctive relief, enjoining and restraining defendants, their agents, attorneys, and assignees, from doing any act which would prevent plaintiff from having peaceful possession and enjoyment of the property mentioned in said instruments.

There are two appeals growing out of the same transaction and presented here upon two separate and distinct records. The appeal in the case we are now considering (No. 2264) is by the defendants Wagner and Merkeley from the judgment in favor of the plaintiff, and is supported by a transcript of the testimony and proceedings taken at the trial, as authorized by section 953a of the Code of Civil Procedure. The other appeal (No. 2263) is by defendant Ben F. Hall from the judgment rendered and entered as against him in favor of plaintiff, and is brought to this court upon a bill of exceptions.

The parties have stipulated that, inasmuch as the legal points involved in both eases are identical, the…