Mancuso v. Krackov

PEEK, J.

By his action plaintiff sought to recover damages for the breach by defendant of an oral contract to purchase, in bottle form, four carloads of wine. The jury returned a verdict in plaintiff’s favor, and judgment was accordingly entered. Defendant’s motions for nonsuit, for

[114]

judgment notwithstanding the verdict, and for a new trial were denied. He has now appealed, contending (1) that this court must conclude as a matter of law that under the facts the jury could not find that a contract existed because of the indefiniteness of the terms as to prices and quanity, and (2) that even assuming the jury could so find, said contract was in contravention of O.P.A. regulations, and hence was illegal.

At the outset, because of the first contention of appellant, which is essentially an attack upon the sufficiency of the evidence, we repeat the elementary rule that this court must resolve all conflicts in the evidence in favor of the prevailing party and indulge in all reasonable inferences in support of the verdict.

(Estate of Bristol,

23 Cal.2d 221 [143 P.2d 689];

Crawford

v.

Southern Pac. Co., 3

Cal.2d 427 [45 P.2d 183].)

The evidence so summarized shows that Maneuso was a vineyardist residing at Glen Ellen, Sonoma County, California. Kraekov operated a winery located in Brooklyn, New York. They had known one another for several years. In the early part of October, 1944, they met at plaintiff’s home. Defendant stated he desired to purchase 10 carloads of wine, and plaintiff informed him that he was in no position to furnish that amount but that he felt he could sell at least three or four cars. After some discussion plaintiff agreed to sell, and defendant agreed to buy four cars. Plaintiff further testified that he agreed he would do his best to obtain a fifth car which defendant agreed to purchase. Although the exact cost of the bottling was not agreed upon at that meeting it was estimated that it would be approximately $1.00 per case, and as to the sale of the bottled wine it was agreed that it should be the maximum price allowed by the next O.P.A. schedule which was due to be issued in the next two or three months. Such arrangements are referred to in the trade as “Franchise Bottling.” The essential characteristic of such a contract is that the bulk wine is shipped to the buyer-bottler, who in turn bottles the wine at a fee, and then in bottled form the title passes to him.