Matmor Olive Co. v. Du Bois

On November 11, 1941, the plaintiff agreed to purchase a crop of olives, estimated at 300 tons, growing on land owned by the defendant in San Diego County. The plaintiff, whose place of business was in Tulare County, agreed to pick the olives at its own expense, to begin picking about December 1, 1941, to complete the same within 60 days, and to pay $135 per ton for the olives “on the trees.” The plaintiff paid to the defendant in advance $15,000, being $50 a ton on the estimated crop, and it was agreed that as each ton of olives was delivered $50 from this advance payment should be applied thereon and the balance of $85 should be paid through an arrangement made with a bank. It was agreed that when the entire crop was picked any part of this $15,000 which had not been thus applied should be repaid to the plaintiff.

The plaintiff began picking on December 7, 1941, and ceased operations shortly prior to February 15, 1942. It picked and removed 165.525 tons of olives which were fully paid for in the manner agreed upon.

The plaintiff brought an action in Tulare County in the form of a common count to recover the balance of the $15,000 advance payment, since only about 165 tons had…