John A. Eck Co. v. Coachella Valley Onion Growers' Ass'n

This action was brought by the appellant, an Illinois corporation, engaged in a general fruit and brokerage business, against the defendant, a corporation organized under the laws of California, and engaged in the production of onions in the county of Riverside, state of California.

The action was brought to recover from the defendant damages for alleged loss of profits arising from breach of contracts purported to have been entered into between the plaintiff and defendant corporation. The appeal is by the plaintiff from a judgment in favor of defendant and denying plaintiff the relief asked for.

The alleged contracts in question purport to have been entered into with the plaintiff by one W. L. Benchley, doing business under the name of Benchley Fruit Company, in behalf of and as the alleged authorized agent of defendant company. The whole controversy rests upon the authority of Benchley to obligate the defendant by these contracts. The agency, if it existed, was created by the following agreement:

The foregoing agreement undoubtedly created a sales agency, whereby W. L. Benchley, as the Benchley Fruit Company, was empowered to enter into contracts with the plaintiffs, or other…