Campodonico v. Marchesotti

MARKS, J. This is an action for damages for breach of a contract authorizing plaintiffs to act as brokers for defendant in the sale of about fifty cars of potatoes. Plaintiffs recovered judgment for $1,000 and defendant has appealed.

Plaintiffs were duly licensed brokers authorized to handle potatoes for customers. Defendant was a farmer who raised about fifty-three cars of potatoes on land in Kern County. John T. Battaglia was the agent for plaintiffs and acted for them in the transaction with defendant.

Plaintiffs and defendant entered into the following agreement:

“This Agreement made and entered into this 22nd day of January, 1940, by and between F. J. CAMPODONICO and E. P. Tiscornia of the City of Stockton, County of San Joaquin, State of California, parties of the first part, and JOE MARSCHESOTTI, County of Kern, State of California, party of the second part,

“WITNESSETH

“It Is Hereby Agreed that the Party of the Second Part, growing seventy (70) acres of potatoes about eight (8) miles south of Arvin, located in Kern County, agrees to deliver [453]approximately 50 ears of potatoes or more, in sacks, to be handled by party of the First Part as follows:

WLB k

J “If sold F.O.B. Tract, $20.00 per car

“If sold delivered where an outside brokerage is to be charged, Party of the Second Part agrees to pay $30.00 per car and Party of the 1st Part is to pay all telegrams and office expense, etc., out of this, but Party of the Second Part agrees to pay all commissions and outside brokerages that it takes to handle the car at destination.

“In Witness Whereof, the parties hereto have placed their hands and seals the day and year first above written.

F. J. Campodonico

E. P. Tiscornia

Parties of the First Part.

Joe Marchesotti

Party of the Second Part. ’ ’

Battaglia testified that on the morning following the execution of the contract he had a telephone conversation with defendant which he described as follows: