Opinion by
Plaintiffs’ action is based on two drafts drawn by defendants’ agent, representing part payment of the purchase price of three cars of tomatoes bought by defendants from plaintiffs. Defendants alleged the tomatoes on arrival at destination were found to be of inferior grade, defective, and not the quality represented by plaintiffs and refused payment of the drafts. At the trial defendants offered to prove inspection immediately upon arrival of the cars at their destination and that the contents were found to be defective and of inferior grade. The trial judge being of opinion the tomatoes were sold and delivered at the shipping point after inspection, or opportunity to inspect, by defendant's’ agent, refused to admit the testimony and directed a verdict for plaintiffs. Defendants appealed. The sole question for our determination is whether the sale was on inspection at the point of shipment, or a sale by sample, or in reliance on an express or implied warranty or representation as to quality.
The tomatoes were purchased by defendants’ agent, B. U. Young, at Crystal Springs, Miss., as “No. 1”
The judgment is affirmed.