Tillis v. Western Fruit Growers, Inc.

California Court of Appeal May 15, 1941 No. Civ. 2581Published

Before: Griffin

AI Brief

AI-generated · verify before citing

Holding. The court held that the written contract constituted a present sale of the entire orange crop, and the buyer's refusal to accept the remaining fruit due to a market price decline constituted a breach of contract entitling the seller to damages.

Issues

Whether the contract for the sale of the entire orange crop was ambiguous regarding the buyer's obligation to purchase the full amount.
Whether the trial court erred in excluding extrinsic evidence regarding the parties' intent.
Whether the seller was required to tender the remaining fruit to the buyer before initiating a breach of contract action.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The contract clearly recites that “Seller has sold and Buyer has bought the entire crop of Wash. Navels now growing and maturing on Tillis Grove”.”

“There was no legal duty resting upon respondent to tender the oranges to appellant, as contended by it, before a cause of action arose.”

“It has been clearly held that if the buyer of a crop of fruit, as in the instant case, refuses to accept and pay therefor, the seller may sue him for breach of his contract”

GRIFFIN, J.

Plaintiff and respondent instituted this action to recover damages against defendant and appellant corporation for breach of contract respecting the sale of respondent’s crop of oranges. The case was tried without a jury and resulted in a judgment for respondent in the sum of $637.93, from which judgment defendant has appealed.

During the first part of November, 1937, respondent, an orange grower, owned about five acres of full-bearing trees on which there was growing a crop of Washington navel oranges. Both respondent and appellant corporation (which corporation was engaged in buying, shipping and packing citrus fruit) were quite familiar with the orange industry and market. On November 5, 1937, appellant, through its agent Mr. King, entered into an agreement of sale for the crop of navel oranges on the trees. This sale was consummated in writing on a printed form of contract prepared by appellant after the oranges had been inspected by the appellant. It reads in part as follows:

“ . . . the Seller (respondent) has sold and the Buyer (appellant) has bought the entire crop of Wash. Navels now growing and maturing on Tillis Grove, . . .

“The Buyer agrees to pay the Seller 2%^ per lb. up to and including Nov. 7th,

2<j>

per lb. up to and including Nov. 12-1937. . . .

“It is further agreed that the picking and hauling are to be done at such time and manners as directed by the Buyer and the expense of the same is to be borne by the Seller . . .

“ . . . Fruit to be paid on receipt of weights . . .

“Estimated boxes 2000.”

The evidence discloses that on the 5th day of November, 1937, the date the sale was consummated, appellant harvested from the premises 14,190 pounds of oranges for which appellant paid respondent the contract price of

2y2$

per pound; that on November 5, 1937, the entire crop of oranges then growing upon the premises of respondent was ready and suitable for harvest and marketing, both as to sugar content and color; that on the 11th day of November, 1937, when the remaining oranges were still ready for harvest and marketing,

[829]

Tillis v. Western Fruit Growers, Inc.

AI Brief

GRIFFIN, J.

More from California Court of Appeal

Related research

AI Brief