Goddard

The plaintiff is a corporation, organized and existing under and by virtue of the laws of the state of California. The defendant is a resident of Placer County, this state, and is and has been for many years a fruit grower in said county.

On or about the first day of March, 1917, the defendant entered into an agreement in writing with the Producers Fruit Company, a corporation, whereby the former agreed to sell and the latter agreed to buy the crop of Levi and Phillips Cling peaches grown by the defendant on his fruit ranch in said county during the year 1917 to 1926, inclusive, covering a period of ten years, the same “to be delivered by the seller,” as the complaint alleges, “at his own expense to the shipping house of the buyer, at Loomis, California, at the following prices: No. 1 Phillips Cling, $27.50 per ton net; No. 1 Levi Cling, $25.00 per ton net; No. 2 Phillips Cling, $13.75 per ton net; No. 2 Levi Cling, $12.50 per ton net.”

The above contract, with all the rights of the said Producers Fruit Company thereunder, was, prior to the year 1922, assigned and transferred to the plaintiff herein.

The complaint alleges that the defendant failed and refused to deliver to the…