Petit
Hogue-Kellogg Co. v. Petit
Opinion
Lead Opinion
Brittain, J.
The plaintiff corporation appeals from a judgment entered on the verdict of a jury for $3,984.32, upon a counterclaim set up by the defendant in a suit for the breach of certain contracts, the counterclaim being for the reasonable value of certain beans delivered by the defendant to the plaintiff under the contracts upon which the suit was brought.
On October 23, 1916, the parties entered into a written contract under which the defendant agreed to grow fifty acres of Henderson bush beans, during the farming season of 1917, on land near Encino, in this state, known as the Petit Ranch, and “to deliver the entire crop product thereof.” Broadly speaking, the contract was in the ordinary form usually adopted in such cases. The price at which the beans were to be delivered as soon as possible after threshing, properly recleaned, and sacked, f. o. b. cars at Owensmouth, California, was $4.50 per hundred pounds. On February 23, 1917, the parties entered into two similar contracts for beans to be grown and delivered in that year, one being for the entire crop to be grown on eighty acres of land situated near Tan Nuys, California, known as Encino Ranch, and the other for the entire crop to…