UDALL, Chief Justice.
This is an appeal by H.C. Peters, defendant-appellant, from a judgment rendered against him in a suit brought by plaintiffs James and Mike Macchiaroli, d.b.a. James Macchiaroli Fruit Company (appellees herein), and from the order denying his motion for a new trial. The case was tried to a jury and its findings formed the basis for the money judgment that was entered. The parties will hereafter be referred to as plaintiff and defendant.
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