Ennis-Brown Co. v. Richdale Land Co.

BURNETT, J.

September 14, 1917, the Ennis-Brown Company entered into a contract with W. B. Linn

&

Son whereby the former agreed to purchase the Egyptian corn growing upon the land occupied by the latter and owned by them. The agreed price was fifty dollars per ton, “free on board boat,” and it was stipulated that an advance payment of $4,500 should be made. At the time the crop was estimated at 320 tons, but it actually yielded 115,013 pounds, amounting at said price to the sum of $2,875.30. Plaintiff having advanced said sum of $4,500 was therefore entitled to the return of $1,624.70. The question in the case is whether the cause of action in favor of plaintiff for this amount is legally against said Linn & Son or defendant Richvale Land Company. On September 27, 1917, defendant wrote plaintiff stating in effect that the former understood that the latter had purchased the corn crop of Linn & Son and that said Richvale Land Company had a crop mortgage on said crop and would expect any advancement of the price to be made to said company. On October 1, 1917, plaintiff, not referring to defendant’s letter of September 27th, wrote defendant as follows:

“Richvale Land Company,

“Chico, California,

“Gentlemen:

“As per instructions from Mr. Axtell, we herewith enclose you our check of $4,500 to apply on purchase price of Egyptian Corn bought from W. B. Linn & Son. Kindly have Mr. Linn endorse check in your favor and this will keep the record straight at your end. Please acknowledge receipt of the check and oblige.

“Very truly,

“Ennis-Brown Company.”

'The next day defendant answered the letter, as follows:

“We acknowledge receipt of your check for $4,500 to apply on purchase of Egyptian Corn from W. B. Linn & Son. Mr. Linn will begin to thresh the first of next week.

“Very truly,

“Richvale Land Company.”

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