Elliott v. Federated Fruit & Vegetable Growers, Inc.

This is an appeal from a judgment in favor of plaintiffs. The action arose out of an oral contract for the sale of grapes. Plaintiffs are growers and shippers of grapes. Frank Elliott, one of the plaintiffs and respondents, made the contract in question on behalf of the respondents. Plaintiffs and respondents operated a packinghouse at Cutler, Tulare County, Fresno district, during the summer of 1927. Appellant and defendant is a large corporation marketing fruit and vegetables and it maintains offices in many of the large cities of the country, its western office being in San Francisco. During the summer of 1927 R. C. Campbell was district representative for appellant in the Fresno district and made the contract here in question on behalf of the appellant. During the summer of 1927 the said Elliott asked the said Campbell if defendant (appellant herein) could market some of their grapes and Campbell stated it could. Nothing more was said or done until October, 1927, when the transaction here in dispute arose. On October 19, 1927, Mr. Campbell called Mr. Elliott on the phone and told him appellant had an order for five cars; 1 U. S. juice malagas, and that they wanted the same…