Carpenter v. Grogan

Sale of Growing Olive Crop—Limited Purchase of “Four Tons of Oil Olives”—Designation by Purchaser of Residue as “Pickling Olives”—Warranty of Quality not Implied.—Under a contract for the sale of an olive crop growing upon the trees of the vendor, not sufficiently ripe for gathering, where a smaller price per ton was expressly limited to “four tons of oil olives,” and the residue of the crop was designated by the purchaser as “pickling olives,” at a higher price per ton, all olives to be carefully picked by the purchaser and paid for as agreed, after delivery, in the absence of an express warranty that the residue were “pickling olives,” none is implied from such designation, and any loss of quality of part of the residue by frost and wind, before gathering, rendering part thereof unmerchantable, otherwise than as “oil olives,” must fall upon the purchaser.

Id.—Findings upon Conflicting Evidence not Review able.—Where the questions of fact determined by the findings of the trial judge rest, in the main, upon evidence of a conflicting nature, the findings are not subject to review upon appeal.