Crane

This is a decision on a motion for a new trial filed by Raymond M. Crane, doing business as the Associated Fruit Distributors of California.

In 1945 the Joseph Denunzio Fruit Company filed a written complaint against Crane, and John C. Kazanjian, doing business as the Red Lion Packing Company, before the War Food Administrator of the Department of Agriculture. (Crane and Kazanjian will be referred to hereinafter as respondents.)

The complaint prayed damages in the sum of $5,723.50 which was the difference between the price at which the respondents had allegedly agreed to sell three carloads of grapes to Denunzio and the actual price paid by him to purchase the grapes elsewhere after the respondents allegedly breached the contract to sell. The trial examiner made an award on February 26, 1947, in favor of the Joseph Denunzio Fruit Company and against Crane, and dismissed the action as to Kazanjian. This award was affirmed by the Secretary of Agriculture on April 8, 1947, after a rehearing before the War Food Administration Board.

Thereafter, an appeal from the ruling of the Secretary of Agriculture was taken by Crane to the United States District Court for the Southern District…