Zahos v. Loescher

PLUMMER, J.

Plaintiffs had judgment for the sum of $5,940.93, balance found due by the court for and on account of a certain cropping contract entered into between the plaintiffs and the defendant. From this judgment the defendant appeals. From the record it appears that the defendant owned a vineyard and orchard consisting of about 160 acres, in the county of Fresno, state of California; that the plaintiffs were farm laborers and workers accustomed to work in vineyards and had worked in that capacity prior to December, 1921; that on or about December 1, 1921, the parties entered into a contract whereby the plaintiffs were to enter upon the premises referred to, take care of, cultivate, and gather all fruits and crops produced upon said premises, perform certain specified labor mentioned in the contract and receive for their services 35 per cent of the gross proceeds of the crops raised upon said premises. The controversy in this ease arises over the different interpretations sought to be given by the respective parties to the contract entered into between them. After specifying the work to be performed, the contract then takes up the subject of compensation and is couched in the following language: “The party of the first part (being the defendant in this case) agrees to pay to the parties of the second part (plaintiffs in this case) a sum of money equal to an amount of thirty-five per cent (35%) of the gross proceeds of the crops of raisins growing or produced on the above-described premises during the year 1922. Such proceeds are to be figured upon the basis of what the California Associated Raisin Company pay their growers for such varieties of raisins during said year, and thirty-five per cent (35%) of the gross proceeds of all other crops, including rootings and wood grown or produced on the above-described premises dur

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ing the same year, hut in any event settlement is to be made not later than December 1st, 1922.”

The fact that the California Associated Eaisin Company did not fully pay the purchase price of the 1922 crop of raisins during the year 1922, but only made an advance payment on account of said crop in a sum ranging from 3y> to 4be cents per pound and final payment some time during the following year, time not given nor amount being testified to, gives rise to the controversy over the interpretation of the contract. The plaintiffs, in their complaint, set forth “that by the terms of said agreement, defendant agreed to pay to the plaintiffs a sum of money equal to thirty-five per cent (35%) of the gross proceeds of all crops produced on said premises during said year of 1922,” which, of course, is a correct deduction based upon the contract entered into between the parties. The basis fixed in the contract, however, of determining the value of the gross proceeds is not alleged in the complaint of plaintiffs. The defendant, in view of the fact that the California Associated Eaisin Company had only made a partial payment on account of the 1922 contract, after quoting the portion of the contract setting forth that the plaintiffs were to be compensated in a sum equal to 35 per cent of the gross proceeds of the crop produced on the premises during the year 1922, set forth that “such proceeds are to be figured upon the basis of what the California Associated Eaisin Company pay to their growers for such varieties of raisins during said year, and thirty-five per cent (35%) of the gross proceeds of all other crops, including rootings and wood grown or produced on the above-described premises during the same year. That said sum shall be accepted by the second parties (plaintiffs herein) as and for full compensation for all work and labor performed and materials furnished by them under this agreement,” and in this connection it is alleged “that there was grown and produced on said premises during said year 1922, the following varieties of grapes, to-wit: Thompson Seedless; Sultanas and Malagas; That the California Associated Eaisin Company during said year 1922 paid 1% cents per pound for extra standard Thompson Seedless raisins and 4 cents per pound for standard Thompson Seedless raisins and 4 cents per pound for Sultana raisins, and