Corwin

delivered the opinion of the Court.

This action was commenced on the following sale note:

The declaration alleges the delivery of some 15,000 of said oranges, and a refusal, by the defendants, after proper notice, to receive the remainder, etc.

The answer does not deny the facts as alleged, but is-argumentative and bad in many particulars. The principle defense relied on is,, that- by the cutsom of merchants and *205 orange dealers, the word or term orange denotes a larger and better fruit than a portion of the cargo in question is said to have been. It is also alleged that the plaintiff, before the sale, *represented the oranges [205] as large, etc.; but it does not appear by the answer, that these representations induced the purchase, and the sale note negatives all such presumption.

On the trial, the plaintiff read in evidence the pleadings in the cause, and rested his ease.

The defendant then offered to introduce witnesses to sustain the allegations in his answer. The Court refused to admit any evidence as the pleadings then stood, and directed the jury to find for the plaintiff, from which ruling the defendant appeals.

¥e are of opinion that the Court below properly…