Sun-Maid Raisin Growers v. Paul A. Mosesian & Son, Inc.

Action by plaintiff to recover a certain sum alleged to be due as liquidated damages by virtue of a contract entered into between plaintiff’s assignor and the defendant. The defendant had judgment and the plaintiff appeals.

On or about the twenty-fifth day of April, 1923, the Sun-Maid Raisin Growers, a corporation, the assignor of the plaintiff herein, and the defendant entered into a written agreement pertaining to the marketing of certain crops of raisins to be produced upon the lands of the defendant. The Sun-Maid Raisin Growers, a corporation, was a corporation organized for profit, having a paid-up capital stock. The plaintiff in this action is a co-operative association organized for the marketing of raisin grapes.

The contract entered into between the Sun-Maid Raisin Growers, a corporation, and the defendant, among other things provided as follows:

The contract further provided that the raisins purchased from the defendant should be pooled and sold with raisins of like quality purchased from other persons with whom the Sun-Maid Raisin Growers Corporation held similar contracts. There was also a provision in the contract permitting assignment by the corporation to a…