California Packing Corp. v. Lopez

PRESTON, J.

Appeal from judgment entered upon a directed verdict for plaintiff in an action of ejectment.

The case involves the question of the survivability of rights under a written agreement denominated an " asparagus cropping contract” entered into on February 15, 1924, between plaintiff’s predecessor, The Wright Corporation, and John Lopez and John Souza, copartners doing business as John Souza & Go., the pertinent terms of which are substantially as follows: The Wright Corporation covenanted to permit John Souza & Go. to occupy for the cropping seasons of 1924-1934, inclusive, certain lands comprising about 100 acres in the Sacramento River Delta District; and to grow asparagus thereon and intercrops as approved by said corporation, which was to furnish the company with all necessary tools, teams, asparagus roots, etc., and an allowance of $5.50 per acre for the preparation of said land for planting; and to pay it after harvesting, washing, packing and delivery of the crop as directed by said corporation, fifty-five per cent of the net proceeds of all asparagus and seventy-five per cent of all intercrops. Said company covenanted to care for and cultivate said growing asparagus and to harvest, gather, wash, pack and deliver it as directed by the corporation, to furnish at its own expense all labor necessary for that purpose, and in all respects to care for and improve the land, buildings and equipment in its possession. Said contract contained the further covenant that:

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“The second party shall have no right to assign this agreement or sublet the above described land or any part thereof, without the written consent of the first party.”

On February 23, 1925, with the written consent of The Wright Corporation, John Souza & Co. assigned said contract to John Lopez. On March 6, 1925, he was accidentally killed. His brother, Manuel Lopez, a minor at the time, but who became of age November 17, 1925, thereupon immediately took up his abode upon the land and assumed charge of the growing of said crops and of otherwise fulfilling in all respects the terms of said contract. On February 10, 1926, he was granted letters of administration upon the estate of John Lopez. In August, 1925, and January, 1926, The Wright Corporation, which had made no objection to his retention of the premises, issued and turned over to him checks made out to John Lopez covering the amounts due under said agreement from the sale of the 1925 bean and asparagus crops. On December 31, 1925, plaintiff, California Packing Corporation, purchased from The Wright Corporation about 5,000 acres of land, which included the one hundred acres and pump-house here involved. Defendant, then having learned that his right to continue under said contract was questioned, made no further effort to farm the land but retained his residence at the pump-house. Thereafter this action was instituted to eject him and to recover damages in the sum of $100. Upon the trial, at the close of the testimony, the court directed the jury to return a verdict for plaintiff, which was done, and judgment thereon was duly entered in its favor. Defendant has appealed.