Hoffman

Judgment below for $2,000 in favor of the plaintiffs, buyers, for the breach of two contracts for the sale of canned pears. Defendant, the seller, brings error.

On August 6, 1924, the defendant, a corporation engaged in the fruit-packing business at Everett, Wash., executed with the plaintiffs, a firm of food brokers in San Francisco, an agreement, in commercial form, for the sale to them of 2,000 cases of canned pears, “substandard grade, 1924 pack,” and five days later another identical agreement for the sale of 3,000 eases, a total of 10,000 dozen, size 2% cans, all “subject approval of sample.” Without dispute it appears that on the market there are six recognized grades of canned pears, “fancy” “choice,” “standard,” “substandard,” “water,” and “pie.” For the substandard grade it is requisite only that the canning syrup be 10 per cent, sugar, and that the fruit be “tolerably free from blemishes, and tolerably uniform in size, with no size limit of the fruit going into the cans.” As throwing some light upon one of the questions,,in issue, it is to be noted that in respect to the three higher grades there is a requirement as to color and symmetry, and, further, that the fruit…