Nojiri v. Azuma

PLUMMER, J.

The plaintiffbegan this action to obtain judgment against the defendants in the sum of $900, for and on account of expenses incurred in packing lettuce in the county of Sacramento, for and on behalf of the defendants, and shipped to the defendants at their place of business in the city of Chicago; and also for the further sum of $1155 upon an assigned claim of one K. Tomita, for the value of lettuce raised by the said Tomita, and sold to the defendants, and packed and shipped by the plaintiff. The plaintiff had judgment for the costs and expenses of packing the lettuce referred to, and also upon the assigned claim of Tomita for the value of the lettuce owned and produced by him, sold to the defendants, and packed and shipped by the plaintiff.

The court found in accordance with the allegations of the complaint that the plaintiff packed the lettuce produced upon the premises of Tomita, and agreed to pay for such packing the sum of 75 cents per crate, and also found in favor of the plaintiff upon the assigned claim of Tomita, for the value of the lettuce raised by him, and sold to the defendants.

[510]

The action was dismissed as to the fictitious defendants. The lettuce in question was all shipped to the Sogo Bussan Company in Chicago. The judgment went against the defendants E. Azuma and I. Watsuru. From this judgment the defendant E. Azuma has appealed.

The only question presented upon this appeal is whether the findings of the court as to the responsibility of E. Azuma is supported by the testimony. While there is some conflict in the testimony, a

résumé

thereof, as hereinafter set forth, we think sufficiently supports the findings of the trial court. It appears therefrom that the defendant Azuma, telephoned to the plaintiff and the substance of the conversation over the telephone was that Azuma engaged the plaintiff to pack the lettuce purchased from Tomita, and would pay the plaintiff 75 cents per crate. This telephone conversation was had in the presence of the witness Murakami. There is also testimony in the record showing the purchase of the lettuce from Tomita by the defendant Azuma. There is no denial in the testimony of the fact that .the lettuce raised by Tomita was packed by the plaintiff, and by him shipped to the defendants E. Azuma and T. Watsuru, or rather, to the Sogo Bussan Company, under which name the business was transacted. We quote the following testimony which we think is sufficient to support the findings of the trial court. We begin, with that of the witness Murakami, relating to the conversation relative to the packing of the lettuce, to wit: "Mr. Johnson: Q. What was the conversation, Mr. Nojiri ? A. Well, Mr. T. Watsuru came over to the office, and he asked me if I can pack lettuce for him. Q. Yes. A. And I asked him who for, and he said for Mr. Azuma. Q. Yes. Q. Now, did you have any conversation with Mr. Auzma or Mr. T. Watsuru? A. Yes. Q. When? A. Well, early part of November, Mr. Azuma called up from our packing house, West Sacramento, and asked me: ‘Are you going back to pack lettuce?’ and I says: ‘Yes, ’ and—• Q. (Interposing.) And was there anything said about the price? A. Yes; seventy-five cents a crate. (Also, plaintiff’s testimony on cross-examination) : Q. And now, can you remember the words that were said at that time ? A. Yes, sir—I couldn’t remember exactly the words he said; no. Q. Couldn’t remember the exact words? A. No; he said he wanted me to pack the lettuce, and I says I would.