Merriman

This is an appeal from a judgment distributing the proceeds of a crop of raisins delivered to the defendant Sun-Maid Raisin Growers of California, a corporation, pursuant to the provisions of a co-operative marketing contract. The crop was grown on land which was the property of the appellant Carnine-Howden Corporation. For convenience the Sun-Maid Raisin Growers of California will hereinafter in this decision be referred to as the Raisin Association and the Carnine-Howden Corporation as The Corporation. On April 9, 1923, The Corporation and the Raisin Association executed a marketing contract by which The Corporation agreed to sell and the Raisin Association agreed to buy all of the raisin grapes to be produced on the land of The Corporation described in the contract, during the years 1923 to 1937, inclusive, at prices to be determined as set forth in the contract. The contract contained the following provision relative to the title to the crops: “This instrument is intended by the parties to pass to and vest in the buyer a present title and right of possession to all of the crops of raisin grapes covered thereby.”

On January 25, 1929, The Corporation, appellant herein, entered…