Paul

Almaden-Santa Clara Vineyards v. Paul

Good Law
1966 Cal. App. LEXIS 1829·239 Cal. App. 2d 860·49 Cal. Rptr. 256
Court of Appeal of CaliforniaFebruary 3, 1966Civ. 22360California5,238 words

Opinion

Opinion

Sullivan, J.

This is an appeal by Charles Paul, Director of Agriculture of the State of California (Director) and Philip J. Vogel, doing business as Vogel Farms (Vogel) from a judgment of the trial court ordering the issuance of a peremptory writ of mandate commanding said Director to set aside his order suspending the processor’s license of Alma-den-Santa Clara Vineyards, a corporation doing business as Almadén Vineyards (Almadén), respondent herein and petitioner below.

Almadén is engaged in the business of selling wine and is duly licensed as a processor of farm products pursuant to division VI, chapter 9 of the Agricultural Code (§§ 1299.18-1300.9Í). Vogel is a producer of grapes in California.

On March 12, 1963, Almadén and Vogel entered into a contract in writing under the terms of which Almadén agreed to buy certain grapes of Vogel’s to be grown during the 1963 season, the varieties and approximate tonnage of which were specified in the contract. The contract is a printed form with blank spaces provided for the insertion of the varieties, tonnage and price of the grapes. These were filled in by hand-printing and contained the following hand-printed provision: “Buyer agrees to pay…

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