Craig

The plaintiff brought suit against the defendant for the sum of three thousand nine hundred and twenty-four dollars and ninety-six cents, the amount of Kentucky whiskies sold and delivered to the defendant in San Francisco. The court below awarded judgment for the plaintiff in the sum of six hundred and seventy-four dollars and ninety-six cents only, and from that judgment and from the order denying plaintiff’s motion for a new trial, the plaintiff appeals. The questions involved in the case are quite succinctly stated in a stipulation entered into in open court during the trial of the cause. The respective counsel had stated previously what might be considered as admitted or proven: “Thereupon, it was further stipulated by and between counsel for plaintiff and defendant in open court, that the plaintiff is, and was at the time of the delivery of said whiskies, a corporation, duly organized and existing under the laws of the state of Kentucky; and that there was no controversy as to the amount of whisky received by defendant from this plaintiff, nor as to the amount due thereon, provided said defendant is not entitled to a rebate of five dollars per barrel .upon the whisky…