Grom

Appeal by defendant from an adverse judgment in an action for the agreed value of ollali berries sold by plaintiff to defendant. 1 The defense was that the sale was by sample, and the berries did not correspond to the sample. The court found the sale was by description and the berries corresponded to the description — United States Department of Agriculture Grade B or better.

The only question is whether the finding that the sale was by description is supported by the evidence.

Plaintiff was engaged in processing and selling frozen berries. Its office and plant facilities were in Turlock. Defendant, an individual doing business in Los Angeles under the name Apple Processors, processed and distributed fruit fillings to pie bakers. Jack E. Shaw was a salesman for Perrin C. Miller and Company, food brokers. Both are named together with plaintiff, as cross-defendants in the cross-complaint filed by defendant for breach of contract and reimbursement for the purchase price advanced for part of the berries.

In June of 1957 Mr. Shaw was authorized by Mr. William Jones, president of plaintiff, to offer for sale at 14% cents a pound a quantity of 1,000 to 1,500 30-pound cases of frozen…