Belmont v. Milton

KLETTE, J., pro tem. This is an action by Frank Belmont, plaintiff and appellant, against E. F. Milton, defendant and respondent, for advances made, and for damages, under a contract, labeled “Citrus Marketing Agreement’’. The following are the essential parts of said contract, necessary for our consideration here:

“This agreement, made this 17 day of August, 1936, and ending the 17 day of August, 1937, between Frank Belmont hereinafter called the consignee, and E. F. Milton of Dinuba, Calif, hereinafter called the owner.

“Witnesseth: That the Owner, in consideration of one dollar and the promises herein on the part of the Consignee, employs said Consignee to pick, haul, pack, ship and market Oranges now growing on his land and that during the term of this agreement may be grown upon his land and premises consisting of 55 acres . . . The undersigned represents and guarantees to the Consignee . . . that there is no encumbrance, lien or adverse claim of any kind upon or against said crops or any part thereof except whatever Frank Belmont advance.

“The Consignee accepts said employment and agrees to pick, haul, pack, ship and market all or part of said crop or crops in such manner, at such time or place as will in his judgment yield the maximum returns therefor, . . .

“The Consignee is given full power and authority to enter the said acreage at any time to pick the said fruit and to sell, or offer for sale, or contract for the sale of any or all of the said fruit belonging to the Owner, and either before or after delivery to make collection therefor, in his own name or otherwise ; . . . provided, however, that the said Consignee will make a full and complete accounting to the Owner of all financial transactions with regard to the respective fruit.

“Before payment of his net proceeds is made to the owner the Consignee may first deduct therefrom the actual cost of picking and hauling the said fruit.

[122]“A flat charge of $.65 per packed box will be made for packing oranges, $.65 per packed box for grapefruit; . . .

“That the Consignee will pack, load, ship and market said fruit in such manner, at such time and place, and upon such terms and conditions, subject to the provisions hereof, . . . as will in his judgment yield the maximum return therefor, and will pay to the undersigned the total amount received from sale of said fruit, after deducting therefrom an amount equal to the total sum paid or advanced hereunder, . . .