Tony Palmiero and Ruby Palmiero, Husband and Wife v. Spada Distributing Company, Inc., a Corporation

On March 27, 1952, Tony Palmiero, a potato grower who had White Rose and Russet potatoes planted on fifty-seven acres on his farm, and Spada Distributing Company, Inc., a potato dealer, entered a written contract whereby Pal- miero agreed to sell all of the potatoes grown by him on a certain piece of land to Spada, delivery to be in proper season, for the market price at the time of delivery, but without specification as to time of payment. Spada was given a security interest in the crop for loans and advances and a liquidated damage clause was included.

Spada contended that on May 28 it entered another oral contract with Pal-miero, evidenced by its check to Pal-miero for $1500.00, which he cashed, and by a voucher attached reading:

Palmiero denied there was an oral contract.

On July 31, 1952, Spada told Palmiero that on August 4 he would have to start making deliveries of potatoes to Spada on this claimed oral contract. To this Palmiero did not agree, and the evidence was conflicting as to -whether he positively refused. In any event, he made deliveries to . Spada on August 1, for which the prices agreed tp by Spada and Palmiero were $80.00 a ton for No. Is and $50.00 per ton…