Wolf

(after stating the facts as above).’ [1] 1. It is assigned as error that the court permitted Ross H. Wood, called as a witness on behalf of the plaintiff, to answer the following question on cross-examination:

The witness answered:

This witness had testified that he had bought these hops and received them, arriving at the valuation of the hops on the samples that he had of the crop out of the different bales. The witness was referring to his purchase of the hops in March, 1913, for H. L. Hart, after they had been rejected by IClaber, Wolf & Netter (plaintiff’s predecessors in interest) in the previous October as a delivery under the terms of the contract. The objection is that the question and answer related to the color of the hops, and it is said that no1 one could possibly tell, describe, or even guess what the average color of this crop of hops was.

This witness was testifying for the plaintiff as to the overripe and •underripe condition of the hops as indicated by their color, and if it was true, as the plaintiff now contends, that the witness Gould not testify as to the average color of the crop, then manifestly it was proper for the defendant to obtain from the witness…