Abbott

Certain defendants appeal from a judgment and from an order denying their motion for a new trial.

Plaintiff is an association, incorporated under the laws of California for the purpose, among others, as stated in the complaint, of “acting as an agent and factor in the handling and disposal of raisins for individuals, corporations, associations and copartnerships, and having power to contract,” as thereinafter alleged.

It appears that in the year 1903, plaintiff entered into contracts with some twenty-eight hundred persons, owners' and growers of raisins to pack and sell their crops. These contracts were all just alike, and each provided: 1. That the grower thereby assigned to the association an undivided one-fifth part of his raisins produced that year; 2. That the association agreed to undertake the inspection, packing, and sale of said entire crops, to establish and maintain uniform grades of raisins, and to procure such packing to be done in conformity therewith; also to make sales under its own trademark and guaranty of quality, and to make said sales as speedily as possible and for the highest obtainable prices; 3. That the growers should cultivate the crops and deliver at…