Washington Supreme Court August 21, 1925, No. 19323. Department Two. (Davis v. Associated Fruit Co.)

Holcomb, J.-

— This is an appeal from a retrial in a case reversed and remanded for that purpose, reported in 128 Wash. 239, 222 Pac. 490.

When the case went down for retrial, appellant filed an amended answer setting up, as another affirmative defense, fraud and collusion on the part of respondent with the state deputy fruit inspector, who made the

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inspection on the apples involved, in