Silveira

Silveira v. Associated Milk Producers

Good Law
1923 Cal. App. LEXIS 349·63 Cal. App. 572·219 P. 461
Court of Appeal of CaliforniaAugust 31, 1923Civ. No. 4548.California1,560 words

Opinion

Lead Opinion

Sturtevant, J.

The plaintiffs sued for, and by the trial court were awarded, a judgment for a balance alleged to be owing to them on the sale of milk. The defendant being dissatisfied with the judgment has appealed, bringing up a bill of exceptions. The dealings between the parties were had under a written contract, a copy of which is as follows:

“Agreement made this 20th day of March, 1919, by and between the Associated Milk Producers, a California corporation, with its principal place of business at No. 53 Clay Street, San Francisco, California, hereinafter called the ‘The Association,’ and A. F. Silveira & Co., hereinafter called ‘the producer.’

“Witnesseth:

“That the producer hereby agrees to market all the milk produced by him, beginning June 1st, 1919, and ending September 20th, 1921, exclusively through the association; he agrees to produce and deliver twice daily to the association at San Francisco, California, or to such other place as the association shall direct, in all not- less than 2666 hundred pounds of market milk, and not more than 2924 hundred pounds of market milk, for which on the 20th day of each month he is to be paid for all milk shipped on the preceding month, less…

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