Ryan

Fay Fruit Co. v. Ryan

Good Law
1924 Cal. App. LEXIS 181·68 Cal. App. 304·229 P. 62
Court of Appeal of CaliforniaAugust 8, 1924Civ. No. 3998.California1,192 words

Opinion

Lead Opinion

Conrey, J.

In December, 1918, the defendants were the owners of an orange grove in Riverside County on which there was a crop of oranges then nearing maturity. On December 10, 1918, the plaintiff loaned to the defendants on the security of said citrus fruit crop the sum of $600, and defendants placed said crop in the hands of the plaintiff “to market for my account and risk on its regular terms. . . . Should the net proceeds of my said crop not be sufficient to cover said indebtedness, I hereby agree to pay the Fay Fruit Company on demand any balance due it.” The quotations are from a memorandum at that time signed by the defendants and delivered to the plaintiff. In this action the plaintiff sued on that agreement. Plaintiff alleged that it took charge of said citrus fruit crop and marketed a part thereof, and received therefor only certain sums, which in the aggregate amounted to $153.95. Plaintiff demanded judgment for said sum of $600, with the accrued interest, less the said sums credited, and interest thereon from the date of receipt of said sums until the date of judgment herein.

The defendants in their answer alleged that in addition to the sums received by the plaintiff as stated…

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