Wheeler

Wheeler v. Superior Court

Good Law
1927 Cal. App. LEXIS 689·82 Cal. App. 202·255 P. 275
Court of Appeal of CaliforniaApril 6, 1927Docket No. 5844.California2,774 words

Opinion

Lead Opinion

Tyler, J.

— Petition for alternative writ of mandamus. It is alleged therein, in substance, that on the twenty-first day of September, 1926, the California Prune and Apricot Growers Association, a corporation, as plaintiff, filed in the superior court of Tehama County a verified bill in equity against petitioners wherein said plaintiff claimed that, under and by virtue of a certain written agreement dated April 28, 1921, said plaintiff was entitled to have and receive from said defendants, petitioners herein, all of the crops of dried prunes which defendants should harvest and dry on their property, known as the Sycamore Ranch, in Tehama County, during the years 1922 to 1928, inclusive; the complaint further alleges that said defendants had failed and refused to deliver to plaintiff their dried prunes of the crops of 1924 and 1925, and had sold the same to persons other than plaintiff, in violation of said written agreement, and that, unless restrained by order of said superior court, defendants would sell their crops of 1926, 1927, and 1928 to persons other than plaintiff; that such sales would cause the plaintiff great and irreparable injury unless the superior court should grant to…

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