Larsen

This action was brought by the plaintiff for the recovery of the sum of $387.50, damages alleged to have resulted from the failure and refusal of the defendant to deliver to plaintiff one-half of a crop of apricots, amounting in all approximately to four tons, grown upon the premises owned by the defendant.

The plaintiff alleged that the said defendant entered into a written contract with it for the sale and delivery of the whole of said fruit, but only delivered one-half thereof under said contract and failed and refused to deliver the other half thereof, to its damage in the sum stated.

.The written contract between the parties relating to the sale and delivery of said fruit is attached to and made a part of the complaint. The defendant in his answer denied the execution of said contract in the form and effect averred by the plaintiff and further affirmatively set forth substantially the following facts: That as the owner of the premises upon which the apricot crop in question was grown he had, some time before the contract for the sale of said fruit was made between the plaintiff and himself, entered into a lease of said premises with one Poulson, who went into possession…