Gerber

Plaintiffs, cross-defendants and respondents Arthur Gerber and Allan Gerber, individually and as individuals doing business as Arthur Gerber and Company (hereinafter referred to as Gerber) brought this action against defendant, cross-complainant, cross-defendant and appellant Nat Spector (hereinafter referred to as Spector) et al., for $9,713.25, for goods, wares and merchandise sold and delivered to them. Spector answered, denied generally these allegations, and alleged that plaintiff, on behalf of Marty Sherman Company, cross-defendant and respondent, took possession of and marketed certain fields of cantaloupes, the property of said Sherman Company, and delivered said Spector cantaloupes belonging to said company valued at $9,713.50; that said Sherman Company was indebted to Spector in the sum of $19,500 on account of money loaned by Spector to Sherman Company; that as security for the money so loaned, Sherman Company gave Spector a $13,500 crop mortgage on certain crops then being raised by Sherman Company; that the cantaloupes sold by plaintiff were cantaloupes covered by the crop mortgage and the purchase price thereof should be applied on the obligation of Sherman Company.…