Miller v. Hunt, Hatch & Co.

Action to recover an unpaid balance alleged to be due on the sale by plaintiff to the defendant of a crop of oranges. Judgment in favor of the plaintiff, from which the defendant appeals.

[1] In á written agreement, of date April 20, 1916, it was stated that the plaintiff “has this day sold” to the defendant his entire crop of oranges, now on the trees growing on his ranch at Lindsay, California, at a stated price per hundredweight. “All fruit is to be weighed at the Hunt, Hatch & Company’s packing house and paid for upon the delivery of duplicate weight receipts at their office at the said packing house at Lindsay. Hunt, Hatch & Company are to furnish all boxes to put the said fruit in and agree to pick and haul the said fruit free of all costs to the said S. T. Miller. Fruit is to be of merchantable quality and picked at the option of the said Hunt, Hatch & Company, provided same is removed on or before December 25, 1916.” The court found that on the thirteenth day of December, 1916, there remained in plaintiff’s orchard 380 trees which were unpicked; the amount of unpicked oranges thereon being 85,000 pounds. Finding V reads as' follows: “That on November 16, 1916, some of…