O'Harra v. Ghiglia

PEEK, J. Plaintiff, by her complaint, sought an accounting and the recovery of such sums of money as the accounting indicated were due to her from defendant under the terms of a percentage base lease entered into by the parties. Defendant’s cross-complaint alleged an overpayment of rent by him and sought reformation of the lease on the grounds of fraud and mistake. The court found for the plaintiff in the sum of $14,624 and denied defendant any relief on the causes of action alleged in his pleading. It is from this judgment that the defendant now appeals.

The defendant is a grower, packer and shipper specializing in tomatoes and carries on these activities in Merced County [655]under the fictitious name of the Merced Produce and Packing Company. The plaintiff is the owner of 80 acres of farmland in the same county, who prior to the aforementioned lease had no contact with the tomato industry.

On October 30,1955, the parties signed a document by which plaintiff leased to defendant 80 acres for the sole purpose of growing tomatoes. The portions thereof pertinent to this appeal are as follows:

“TEEMS: This lease is a percentage lease of 20% of the gross proceeds or $6,000.00 whichever is the greater, payable at the end of the tomato season.

“Mrs. Pearl O’Harra shall receive 20% of the gross income on the green tomatoes at the time of harvesting, and 20% of the gross income of the ripe tomatoes at the time of ripe tomato harvest. Mrs. O’Harra shall pay 20% of the cost of the ripe tomato harvesting, at time of ripe harvest.”

On August 18, 1956, the defendant presented to the plaintiff his final accounting for that year’s crop, showing payment to the plaintiff of $17,170.22, which sum he claimed was full payment under the terms of the lease. The plaintiff objected to this accounting and contended that without considering the tomatoes taken from her land and not reflected on any of the defendant’s books, these books showed that of approximately iy2 million pounds of tomatoes which came into the packing shed, roughly one-half million pounds were not accounted for as being culls and hence must have been shipped out of the shed. The plaintiff then determined that these unaccounted-for tomatoes were valued at approximately $21,000, using as a basic price per box that amount paid by the broker or ultimate consumer to the defendant. The trial court substantially accepted the plaintiff’s computations but reduced the amount claimed by some $6,000 and expressly failed on request to make any detailed findings as to the method by which the sum awarded was determined.