Sterrett v. the Curtis Corporation

SEA WELL, J.

Plaintiff, F. E. Sterrett, an olive grower, and defendant, The Curtis Corporation, engaged in the business of processing and canning olives and other fruits and vegetables, entered into a written contract on .August 31, 1925, whereby plaintiff agreed to sell to defendant and defendant to buy the entire crop of Sevillano olives grown during the 1925 season on plaintiff’s ranch, situate near Lindsay, at the price of $300 a ton. One truckload of olives from plaintiff’s ranch was received at defendant’s packing plant at Long Beach in November, and two truckloads in December, the last delivery being received on December 23d. Defendant claimed that it was not liable for more than 3,806 pounds of the total crop of olives delivered to it, on the ground that the balance, totaling more than 12,000 pounds, was frosted and bruised and not in a condition fit for canning. Plaintiff claimed that at least ninety per cent of the crop was in good condition and met the requirements of the contract, and sued to recover for said ninety per cent at the contract rate of $300 a ton. The court below upheld plaintiff’s contention and entered judgment for him for $2,314.50, from which defendant takes this appeal.

The case involves a question as to the effect to be given a provision of the contract between plaintiff and defendant which was as follows: “For the purpose of ascertaining the amount to be paid, the sorting and grading and weighing of olives sold under this agreement shall be done by the company at its factory, or at a branch thereof. The company agrees to send written report to the grower upon ascertaining the weight and quality of olives received under this agreement, and the company’s report so sent shall be conclusively deemed correct, as to the quantity and

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quality, unless the grower within ten (10) days after the sending of such report notifies the company in writing of his dissent, specifying the particulars wherein he dissents. But the grower or his representatives shall be given free access to the grading, sorting and weighing rooms of the company at such times as olives sold under this agreement are being graded, sorted or weighed.”

The contract also provided that the grower should follow the direction of the company in caring for and packing the olives.