Beales

This is an action for the alleged breach of a written contract made by defendants with plaintiff’s assignors, whereby the former agreed to dry certain apricots and to sell and deliver to plaintiff’s assignors the dried fruit. Judgment passed for defendants and plaintiff appeals.

The contract, executed on April 7, 1919, was prepared by plaintiff’s assignors, whom we shall designate as the “buyers.” It seems to have been made by filling in the spaces in a printed blank form of contract adapted for use in buying fruit from fruit-growers, although defendants, the sellers, were not growers of fruit but operated a drying plant, the successful operation of which depended upon their ability to purchase the necessary green fruit from growers in the vicinity. In so far as it is material to our inquiry, the contract reads as follows: “Beales & Kimball Fruit Co., seller, whose P. 0. address is Van Nuys, hereby sells, and Rosenberg Bros. & Co., the buyer, hereby buys all of the crop of fruit of the character hereinafter specified, grown or to be grown during the current year on the place known as Beales & Kimball dryer in Los Angeles County, California, about one mile from Van Nuys. The…