Ah Tong v. Earle Fruit Co.

Plaintiff, a Chinese, early in August, 1893, delivered a quantity of pears to defendant, a corporation, to be sold upon commission; he alleged in his complaint that defendant, as part of its contract with him, guaranteed to him a net return of fifteen dollars per ton for the pears; that he delivered 184,190 pounds of the fruit to defendant, and was entitled to receive therefor at the rate guaranteed the sum of $1006.44; that defendant paid only the sum of $550, leaving a balance due of $456.44, for which he sues. Defendant denied the guaranty, and set up as a counterclaim that the sum paid by it .to plaintiff was merely an advance on his fruit; *681 that the net proceeds of sale were less than that sum; that plaintiff is indebted to it for the excess advanced to him as well as for expense of packing the fruit, freights on same, etc., to the amount of $1257.53, for which it demanded judgment. An issue was also made on the quantity of fruit delivered by plaintiff. Plaintiff obtained á verdict and judgment for $389.33.

Defendant packed the pears in boxes, called forty-pound boxes, and shipped them by rail to the East for sale—six carloads in all, of four hundred and ninety-seven…