Hugo v. Loewi, Inc. v. Smith

This is the second in a series of three cases all involving contracts for the purchase and sale of hops grown in the Willamette Valley, Oregon in the year 1947. The instant case was commenced in the Circuit Court for the State of Oregon and removed to the District Court for the District of Oregon by the defendant pursuant to Title 28 of the Judicial Code, 28 U.S. C.A. § 1441. All three cases were tried to the court without a jury and are now on appeal to this court. The other two cases are Hugo V. Loewi, Inc., v. Geschwill, 9 Cir., 186 F.2d 849 , and John I. Haas, Inc., v. Wellman, 9 Cir., 186 F.2d 862 .

Two causes of action are stated in ap-pellee’s complaint. The first is for the price of cluster hops less the amount of an advance payment. The second is for the price of fuggle hops less the amount of an advance payment. There is no dispute in regard to the fuggle hops in regard to quality; the only dispute being in regard to whether the advance for the clusters, which were rejected, should be deducted from the payment for the fuggles.

Appellee and plaintiff below is Kilian Smith the hop grower and the seller under the contract. Defendant below and appellant here is Hugo V.…