Yeremian v. Turlock Dehydrating & Packing Co.

STEEL, J., pro tem. —Defendant has appealed from a judgment in favor of plaintiff for damages alleged to have been sustained as a result of the failure of the defendant to furnish plaintiff with sufficient boxes in which to place grapes when ready to harvest or pick, thereby compelling plaintiff to allow the grapes to remain upon the vines for such period of time that in harvesting and cutting them from the vines the grapes dropped from the stems or bunches, and fell to the ground, occasioning the loss complained of.

The agreement, which is the subject of this litigation, reads as follows:

‘ ‘ Turlock Dehydrating & Packing Co.,

‘1 Grape and Fruit Buying Contract.

“No. 2077.

“Turlock, Calif., Sept. 11, 1935.

“In consideration of $1.00, receipt of which is hereby acknowledged, I have this day sold to Turlock Dehydrating & [94]Packing Co., Inc., and Turlock Dehydrating & Packing Co., Inc., has bought my entire crop of Thompson Seedless grapes for the season of 1935, grown on Old ITansan Ranch, situated S. of Planada, as follows: 80 acres of Thompson Variety, estimated at 600 tons; Price $12.00; delivered to roadside. . . . Remarks: About 200 tons Girdel; if market advance, seller can sell for more; shall divide profit. Grower to pick fruit starting on or about Oct. 1, 1935, and thereafter at such times and in such quantities as buyer directs.

‘ ‘ Quality of above contracted fruits shall be of such quality to make extra choice raisin, buyer having the option to reject such fruit as does not come up to such standards. Grapes must test 22% sugar or better and be free from mildew and measles. Boxes to be furnished by buyers. Grower to be paid at buyers ’ office at Turlock, ten days after completion of deliveries—on the 1st, 10th, or 20th day of the month. Seller hereby guarantees said fruit to be his sole and absolute property, free from all encumbrances, except: Merced Corp. Production Ass’n.

“Turlock Dehydrating & Packing Co., Inc.

“By S. Knutsen.

“Paul Yeremian, Grower, Tioga Hotel, Merced, Address.”

Thereafter, by mutual agreement of the parties, the date for the commencement of picking the grapes was advanced from October 1, 1935, to September 23, 1935, for the reason that temperature conditions were such as to cause the grapes to ripen earlier than originally contemplated. Picking operations commenced on or about September 23, 1935, and continued to October 13, 1935, when they were completed.