Cossins

This is an action for damages for the defendant’s alleged refusal to accept and pay for tomatoes raised by the plaintiff and his assignors during the year 1926, and which the defendant had agreed to purchase, and for balances due for tomatoes delivered and accepted by the defendant. The complaint contains five counts, based on five separate contracts. The plaintiff is the seller named in the first contract, A. F. Donald and F. Ascrizzi in the second, C. C. Burnett and P. Giordano in the third, E. Leventini in the fourth and Thomas Lazini in the fifth. Judgment for damages was entered in favor of the plaintiff on the first four counts and for the defendant on the fifth. The judgment is in favor of the plaintiff also for the amount which the answer admits was due for tomatoes accepted by defendant. The defendant has appealed from the judgment in favor of the plaintiff.

Each contract provides that the buyer “has bought” the crop of “Early Anna” tomatoes to be grown by the seller upon a specified acreage during the year 1926 at $14.10 per ton, delivered f. o. b. cars “as hereafter directed by buyer.” The defendant supplied the sellers with seed, a part thereof being of a different…