California Vegetable Growers v. United States

Appellant is asking the reversal of a judgment of the trial court refusing to award it damages in a sum claimed as due for celery alleged to have been furnished by appellant to the United States Army pursuant to the terms of a duly executed contract.

The pertinent facts are:

The Quartermaster’s Corps advertised for bids for celery and appellant submitted bids for three carloads, which bids were accepted and a purchase order duly issued to appellant by the contracting officer at the Quartermaster Market Center in Los Angeles for each car. The celery was packed and loaded on cars by appellant at Lompoc, California, which was the point of origin of shipment. The purchase orders call for delivery f. o. b. Guadalupe, California; actual loading took place at Lompoc, a nearby town, a point satisfactory to appellee. The celery was inspected at Lompoc at the time of delivery to the carrier and was found to be in the condition and grade called for by the purchase orders and packed and iced in accordance with the specifications set forth in the purchase orders.

After packing, inspection and loading the cars were shipped to Seattle, Washington. Subsequent to arrival in Seattle, the point…