Hartman v. Humason

BARNARD, P. J. This is an action to recover a portion of the proceeds from the sale of two carloads of potatoes.

The defendant Humason was a car-lot distributor and broker dealing in fruit and produce at Los Angeles. During the season of 1944, the defendant Walker solicited fruit and produce in the vicinity of Kern County to be handled by Humason. There was an oral agreement between them that they would share equally in the profits or losses resulting from the business thus produced by Walker. By private arrangement between them an account of such business was carried [512]on Humason’s books as the 1 ‘Walker-Humason Company” account.

The plaintiff was engaged in the business of shipping produce at Bakersfield. On the solicitation of Walker he shipped a total of 35 cars of produce to Humason during this season, to be sold on consignment for his account. Among these were the two cars of potatoes here in question. It is conceded that the net amount due to the plaintiff from the sale of these potatoes was $1,598.40. In accounting therefor, Humason deducted $1,200 on account of another transaction and sent Hartman his check for $398.40 in payment of the balance.

The other transaction referred to, for which this $1,200 was deducted, relates to four cars of onions which were also shipped to Humason for sale on consignment. In that one instance, without the knowledge of Humason, Walker and Hartman had purchased a crop of onions from a grower, agreeing to share equally in the net profit or loss. The onions were shipped by Hartman to Humason, to be sold on consignment in the same way, insofar as Humason knew, as were the potatoes. At .the request of Hartman, conveyed through Walker, Humason advanced to Hartman $300 a car or a total of $1,200 as an accommodation advance on these onions before they were sold. Before that advance was made and as a condition therefor, Hartman guaranteed to Humason that these onions would be of a certain grade under federal marketing regulations. The onions were not of that grade and when they arrived at certain destinations in the east they were found to be spoiled, and were rejected by the prospective buyers obtained by Humason. A number of efforts to salvage something from the onions failed and the result was a complete loss, as far as these four ears of onions were concerned. Humason deducted the $1,200 advanced on the onions from the proceeds of the potatoes.

Hartman brought this action to recover the $1,200 thus deducted. Humason answered denying that anything was due to the plaintiff, and alleging an accord and satisfaction. He also filed a cross-complaint seeking to recover $656.27 from the plaintiff on account of freight charges and brokerage fees in connection with the four cars of onions.