Bill

This was an action to recover the balance of the purchase price alleged to be due for a crop of oranges sold and delivered by the plaintiff to the defendant. The defendant appeals from an order denying his motion for a new trial, and from an order denying his motion, made under section 663 of the Code of Civil Procedure, to set aside the judgment entered, and to enter another and different judgment upon the findings.

The plaintiff was an orange-grower in the county of San Bernardino, and the defendant was engaged in the business of buying, selling, packing, and shipping fruit. Fuller inspected the plaintiff’s orchards and immediately afterwards they made the following agreement: ‘‘ This agreement, made this 19th day of November, 1900, by and between W. T. Bill and Henry Fuller, witnesseth: That said Henry Fuller has this day bought all the oranges grown this year by W. T. Bill in West Redlands and Bryn Mawr, except the St. Michaels, at two cents per pound (except the Australian navels on the five acres known as the Mabry Ranch, for which said Fuller agrees to pay one cent per pound), and said W. T. Bill hereby sells to H. Fuller at said prices. All oranges to be taken by H.…