Butler v. Estrella Raisin Vineyard Co.

Action in claim and delivery to recover possession of fourteen thousand nine hundred and seventy-nine *241 raisin trays, or their value, alleged to he fifteen hundred dollars. A jury trial was had and a verdict returned for defendants, and the plaintiffs appealed from the judgment entered thereon and from an order denying their motion for a new trial.

The business of the plaintiffs is indicated by the name or style of the copartnership. The Estrella Raisin Vineyard Company is a corporation engaged in the cultivation of raisin grapes, and defendant Taft is its superintendent and manager. In 1894, the plaintiffs advanced money to the vineyard company on its crop, 'to be reimbursed out of the proceeds when sold by the plaintiffs. The vineyard company had ten thousand trays, and it was estimated that it would require fifteen thousand more to handle the crop. The claim on the part of the defendants was, in effect, that they applied to the Sanger Lumber Company for the purchase of the material for fifteen thousand trays; that a price was agreed upon, but the lumber company refused to sell unless defendants would give security for the purchase price, payable December 1st; that…