Garner v. Uddo & Taormina Co.

[820]

MUSSELL, J.

—Plaintiffs, who were manufacturers and distributors of liquid fertilizer, brought this action to recover the purchase price for fertilizer furnished one George B. Kikuchi between April 17 and August 22, 1952, and used on land in Orange County on which Kikuchi was growing tomatoes. On or about March 12, 1952, the defendant Uddo and Taormina Company, a partnership (hereinafter referred to as U. & T. Company), engaged in the tomato canning business, entered into a written contract with Kikuchi wherein Kikuchi agreed to sell and defendant U. & T. Company agreed to buy, for the 1952 season, all tomatoes grown by Kikuchi on the land involved. U. & T. Company, prior to April 1, 1952, had advanced to Kikuchi $18,000 rental for the property upon which Kikuchi was raising the tomatoes and also had advanced $8,000 for various crop operations and expenses incurred by Kikuchi. On April 1, 1952, Kikuchi executed and delivered to plaintiffs an authorization in writing, as follows:

“Date April 1,1952

“Uddo & Taormina Co.

6576 Grand

Buena Park, California

“You are hereby authorized to pay to the Liquinox Company, 1409 W. Chapman Avenue, Orange, California, for material supplied by them, from April 1, 1952 to December 31, inclusive, 1952, from the moneys due or to become due to me from you, and charge the same to my account.

“ (Growers Signature) /s/ George B. Kikuchi

George B. Kikuchi ‘‘ (Address) 6952 B. Lincoln

Anaheim, California.”

This authorization or order was accepted by U. & T. Company on the same date and in the same document, in the following language:

" The above order is accepted, but is payable out of moneys due or to become due to: George B. Kikuchi, 6952 B. Lincoln, Anaheim after first deducting all advances made to him, and after paying any orders given by him and received by us prior to the date of receipt of Liquinox Company invoices.