Hugo v. Loewi, Inc. v. Geschwill

This is an action upon an alleged breach of a contract for the purchase and sale of cluster hops. Plaintiff, sometimes referred to as appellee, is Fred Geschwill, an Oregon farmer hop producer and the seller under the contract. Defendant, sometimes referred to as appellant, is Hugo V. Loewi, Inc., a New York Corporation and the buyer under the contract. This is one of three companion cases (consolidated for trial) which involve similar hop sale contracts for the year 1947 in the Willamette Valley in the State of Oregon.

The action was commenced in the Circuit Court of the State of Oregon for the County of Marion and removed to the District Court for the District of Oregon pursuant to 28 U.S.C.A. § 71 , Sec. 1441 of the Revised Title 28.

All three cases were tried to the court without a jury and all resulted in a judgment for the plaintiffs (hop producers) from which all defendants appeal, the records in all the cases being consolidated on this appeal. The other two cases are: Hugo V. Loewi, Inc., v. Smith, 9 Cir., 186 F.2d 858 ; John I. Haas, Inc., v. Wellman, 9 Cir., 186 F.2d .862.

, The contract provided that Geschwill, referred to therein as the seller, was to cultivate 20…