California Court of Appeal December 19, 1925, Docket No. 2955. (Silva-Bergtholdt Co. v. J. H. Flickinger Co.)

FINCH, P. J.

The defendant has appealed from the judgment of the trial court herein in favor of the plaintiff.

The complaint alleges that the plaintiff sold the pears growing upon its lands in the year 1923 to the defendant at the agreed price of twenty-five per cent “over season’s opening price of the Pear Growers Association”; that “the Pear Growers Association’s opening price for the season of