Fomco, Inc. v. Joe Maggio, Inc.

McCOMB, J.-

— Defendants appeal from a judgment in favor of plaintiff in an action to recover damages for breach of a contract for the sale of carrot crops.

Facts: October 1, 1957, a written contract was entered into between Joe Maggio, Inc., as seller, and Fomeo, Inc., as buyer, under which the seller agreed to sell, and the buyer agreed to buy, during the 1957-1958 carrot season in Imperial County, approximately 4,000 tons of carrots for the sum of $40,000, payable $20,000 down, $10,000 on or before November 1, 1957, and $10,000 on or before December 1, 1957.

The seller represented that it had the right of exclusive possession of all fields in said county which were to be harvested. The carrots were to be delivered by the seller to the buyer in the field unharvested, at a specified rate of delivery, and the seller agreed to notify the buyer immediately upon the beginning of the harvesting season. The buyer was given the right to enter any of the seller’s fields and to do harvesting therein. The seller warranted and represented that it had title to all carrots to be delivered under the agreement, and

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the buyer agreed to cause the carrots to be harvested and to pack and sell the same.

The contract further provided that if it developed that more than 4,000 tons had been delivered to the buyer during the season, it would pay for the additional tonnage at the rate of $10 per ton. If the crop proved to be less than 4,000, rebate was to be made to the buyer at the rate of $10 per ton.

Net proceeds were to be divided equally between the buyer and the seller, the buyer to keep and submit itemized accounts. Packing charges were fixed and specified. Risk of loss on the crop was to rest with the seller until the same had been actually harvested, the seller to share no losses incurred through sales of carrots.

Provision was made for award of a reasonable attorney’s fee against the losing party in any action brought to enforce the terms of the agreement.

The contract was signed on behalf of Joe Maggio, Inc., by Joe Maggio, who was president of the corporation.

Carrots proved to be scarce and the price very high that season (as high as $90 a ton for topped carrots) ; and Maggio deliberately refused to permit plaintiff to harvest, and prevented him from harvesting, more than 2,312.3 tons.