Nulaid Farmers Assn. v. LaTorre

SHOEMAKER, P. J.

This is an appeal by Central Coast Fryer Farms, Inc. (hereafter referred to as “Central”) from a judgment of dismissal entered upon the sustaining without leave to amend of a general demurrer to Central's complaint in intervention.

On July 16,1963, plaintiff Nulaid Farmers Association filed a complaint to foreclose certain chattel mortgages held by it against Vito LaTorre and others, and asking that a receiver be appointed to hold and operate various poultry farms owned by defendants pending the action.

On the same day, upon a proper showing, by an ex parte order Robert Henry was appointed receiver of the farms and was empowered, “under the control and subject to the order of the Court, to take, care for, keep possession of, manage, operate and conduct the poultry farms . . . and to take charge and manage [said] property . . . and to collect rents, issues and profits and do all things necessary for the preservation and repair of such property and the reduction of the indebtedness described in said complaint . . . and with all other usual powers and duties of a Receiver. ’'

On August 12,1963, this order was confirmed.

On September 24, 1965, Central filed a complaint in intervention which alleged that on May 27, 1965, Central and the receiver had entered into a written contract which provided for the growing of fryer chickens upon the Elkhorn Ranch, one of the properties subject of the receivership. This contract provided that Central was to place and maintain upon the receiver’s land and facilities one fryer chick per square foot of brooding house, for a total of approximately three hundred sixty thousand to four hundred fifty thousand birds.' One hundred twenty thousand birds per week were to be placed upon the land for the first three weeks, and one hundred fifty

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thousand per week for the following three weeks. The receiver was obligated, at his own cost, to raise the fryer chicks in a satisfactory manner and to furnish the necessary equipment, water, power, lights and labor to raise day-old chicks to a marketable age of nine weeks. When the chicks attained marketable age, Central was obligated to remove them from the premises and to pay the receiver a minimum of 6 cents per saleable bird. The receiver was prohibited, during the term of the contract, from raising poultry not owned by Central on the premises without Central’s consent.