Turlock Merchants & Growers, Inc. v. Smith

The complaint alleges that the defendant is indebted to the plaintiff “on an open book account for goods, wares, and merchandise, and money expended for said defendant of the reasonable value” of $637.17. The answer denies the alleged indebtedness. The defendant filed a cross-complaint in which he alleges that the parties entered into an agreement whereby the defendant appointed the plaintiff “his sole and exclusive agent for selling and distributing all cantaloupes owned or controlled by said defendant . . . for the season of 1921,” the defendant to pay the plaintiff for such services at the rate of “ten cents for each flat crate and fifteen cents for each standard crate of cantaloupes sold or distributed ... in pursuance of said contract”; that the plaintiff, under the terms of the contract, sold cantaloupes belonging to defendant “for the total sum of $18,120.58” and has not paid defendant “any part thereof except the sum of $15,492.72,” leaving a balance due dc fendant of $2,627.86. As a second cause of action it is alleged that the plaintiff is indebted to defendant on account of moneys had and received for the benefit of the plaintiff in the sum of $2,627.86. As a third…