Davis

Appeal by plaintiffs from a judgment of nonsuit. The complaint alleges that between the seventeenth day .of August and the seventeenth day of Septem ber, 1923, plaintiffs delivered to defendant, at its special instance and request, at the city of Modesto, county of Stanislaus, state of California, twenty-six tons of Thompson seedless grapes owned by plaintiffs, to be sold by said defendant for said plaintiffs in accordance with an express understanding and agreement entered into between the plaintiffs and defendant that said grapes should be sold.by the defendant f. o. b. at the city of Modesto, and not otherwise, and at a price specified by the plaintiffs, and that the proceeds from the sale of said grapes would be promptly paid to the plaintiffs; that the defendant sold said grapes contrary thereto and the plaintiffs thereby suffered the damages alleged.

In support of this contention the plaintiffs offered in evidence a certain marketing contract, in the words and figures following, to wit:

And, in addition, the plaintiffs sought to introduce in evidence testimony of a previous or contemporaneous oral agreement that the grapes referred to in said contract should be sold only…