Mosekian

Defendants Davis Canning Company and its fruit buyer, defendant Adams, appeal from a judgment for damages resulting from a breach of an oral contract for the sale of plaintiff’s peach crop. Defendants contend that Civil Code section 1724, subdivision (1), requiring a sale of goods for a consideration valued in excess of $500 to be in writing, bars plaintiff’s recovery, and that defendants are not estopped from asserting this statute. The trial court found against defendants on both issues. Defendant Adams appeals from the judgment against him on the additional ground that he was acting as the agent of Davis Canning Company.

Summarizing the facts most favorably to the prevailing plaintiff, as we must (Berniker v. Berniker, 30 Cal.2d 439, 444 [ 182 P.2d 557 ]), the following sequence of events gave rise to this case: Defendant Adams called at plaintiff’s farm, identified himself as a buyer for defendant Davis Canning Company, and offered to buy plaintiff’s peach crop. Plaintiff asked the price per ton, and Adams replied that since the price had not been set, the purchase would be on an “open contract.” In the canning peach industry the cannery association sets a price each year…