Craw

Defendants appeal from the order of the superior court denying their motion for a new trial.

The action was one to foreclose a mortgage. Defendants answered, not denying their liability for the payment of the note for one thousand five hundred dollars and interest, secured by the mortgage, but they pleaded an offset of three hundred and fifty dollars due for a certain crop of oranges which the defendants, the Craigs, had permitted the plaintiff’s agent to sell and for which plaintiff had promised to pay them the reasonable value. The court found that the defendants, the Craigs, owed the plaintiff the principal sum of one thousand five hundred dollars on their note, together with two hundred dollars accrued interest and one hundred and fifty dollars attorney’s fee. Against this a set-off of one hundred and fifty dollars for the orange crop was awarded the defendants. Judgment was for one thousand five hundred and fifty dollars together with attorney’s fees of one hundred and fifty dollars with costs of suit and a decree of foreclosure and sale was entered as prayed.

There was evidence to support the finding of the value of the orange crop as one hundred and fifty dollars. Both…