Crystal Ice & Cold Storage Co. v. Renschler Produce Co.

The plaintiff conducts a cold-storage warehouse in Sacramento. The Renschler Produce Company, referred to herein as the defendant, is engaged in the wholesale produce business in the same city. During October, November and December, 1925, and January, 1926, the defendant delivered to the plaintiff 4,825 boxes of apples to be kept in cold storage. Of these apples,- 2,487 boxes were stored on a seasonal basis, to remain until the end of the following June, unless sooner withdrawn by the defendant, and the remainder thereof “were stored on a monthly basis, the contract for the storage of which was renewed at the end of each month in cases where the apples were not sold. ’ ’ The defendant withdrew apples from storage as early as December, 1925, and continued to make withdrawals at frequent intervals until some time in June, 1926, when the last of them were withdrawn, and during all that time the defendant made no complaint as to the condition of the apples when withdrawn or that they were in any manner damaged while in storage. The plaintiff sent the defendant monthly bills for storage charges and instructed its collectors to call on defendant and demand payment. On the defendant’s…