Loomis F.G. Assn. v. California F. Exch.

In this action the plaintiff had judgment as hereinafter stated, from which judgment the defendant appeals. (For convenience, the plaintiff will hereafter be referred to as "Association" and the defendant as "Exchange".) On the sixth day of July, 1907, an agreement was entered into between the Association as the party of the first part and the Exchange as party of the second part, for the marketing of deciduous fruits, which agreement, though *Page 267 made only for one year, was to run from year to year until notification of cancellation was given by either party to the other prior to the thirty-first day of December of the current year. The agreement, so far as material here, is contained in paragraphs numbered 1, 7 and 8, paragraph numbered 1 reading as follows: "The party of the first part hereby appoints said Exchange as its marketing and selling agent for all deciduous fruits under its control, (except such fruit as shall be sold for cannery purposes and ripe fruit); for which the Exchange shall deduct from the growers' account sales seven (7) per cent of the gross receipts in full compensation for such service, including Eastern brokerage, telegrams and all other expenses…