Mitrovich

Four certain persons were copartners, and in that capacity, on June 37, 1895, they entered into a contract in writing with Mitrovich, the plaintiff in this action, whereby *381 he agreed to deliver to them the crop of figs to he obtained that, season from a certain orchard, and authorized them to pack and sell the same on his account for specified compensation; the dutics of which employment they on their part undertook to-discharge. Said contract contained also a provision allowing-to said partnership “the privilege of purchasing said described' figs at time of delivery at the agreed market value.” About. August 21st, following, three of said partners, together with two. other persons, formed a corporation under the same name which had been the partnership designation—Fresno Fruit Packing-Company. This is an action against said corporation; plaintiff’s-complaint contains three counts; in the first it is alleged, among; other things, that defendant “succeeded to all business relations,, interests, and liabilities of said partnership, and, in pursuance-of the terms of said contract, exercised its privilege and option; to, and did, buy of and from, said plaintiff, and plaintiff sold…