Oldershaw v. Kingsbaker Bros. Co.

NOURSE, J.

Plaintiff recovered judgment against defendant for $3,754.55 damages for breach of contract to purchase the entire crop of hothouse tomatoes grown by plaintiff in his plant at Bakersfield during the winter of 1917-18. The contract is found in a series of letters passing between the parties following the sale by plaintiff of a large amount of tomatoes during the previous winter

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on a basis of fifteen cents a pound. While these deliveries were being made, the plaintiff, on February 7, 1917, wrote to defendant that he was contemplating the construction of two new( hothouses in order to increase his output for the 1917-18 season and asked if defendant would be able to take the increased supply. To this defendant replied: “We will have no trouble in disposing of fifty lugs or more every day, and mention this to assure you that we have the distribution' for the full capacity you will be able to turn out.” On March 10th, following, defendant wrote to plaintiff that it preferred to have deliveries begin close after the first of December; that the most desirable period for hothouse tomatoes was in December, January, and February, and advised him to plant his seed so that the tomatoes would mature for shipment during that period. On- April 2d, following, the plaintiff wrote defendant that he would construct four instead of two new hothouses and hoped to be able to give defendant plenty of tomatoes during the next season. Also, that “I will plant my seed in time to have •ripe tomatoes for you on December 1.” On April 7th defendant replied, “We will look forward to receiving all your tomatoes next year, and trust that your contemplated plans will materialize.”

From this correspondence it is apparent that the parties intended the plaintiff should increase his production adding four new hothouses, and that the defendant would purchase the entire output on the basis of the transactions of the previous winter—that plaintiff should ship the tomatoes, when ready, to the defendant in Los Angeles, and that the defendant should receive them—up to fifty lugs a day at least—paying therefor fifteen cents a pound on semi-monthly statements.

Relying upon this agreement plaintiff made the contemplated improvements, and on October 14, 1917, wrote the defendant that he had about three times the acreage in tomatoes over the last season and that the crop looked like a big yield. He also stated that some of the tomatoes would be ready for shipment about November 15th, but that the main crop would come in about December 15th. Not having received any reply to this letter, plaintiff again wrote to defendant on October 25th, and in reply to this defendant stated: “Wish to say that we have anticipated and still