Gopcevic

Action to recover damages for breach of contract.

The controversy presents an ordinary agreement to buy and sell.

The main contention presented by the appeal is whether or not title to the goods sold had passed to the defendant.

The complaint alleges that on June 18, 1920, plaintiff and defendant entered into a written contract whereby, plaintiff agreed to sell and the defendant agreed to purchase the entire crop of prunes grown by plaintiff on his orchard situated in Lake County. The contract in substance provided that the seller was to harvest and properly dry and cure the crop, which was of the season of 1920, and deliver the same to defendant as drying was completed and the crop ready for shipment. The agreed price was $262.50 per ton orchard run, provided, however, that the purchaser was not bound to accept delivery of the crop unless the same was in sound and merchantable condition as originally dried without the addition of water and other foreign substances. The seller was required to give notice by mail to the buyer of not less than three days at its place of business in San-Francisco when the crop was ready for delivery. For the purpose of determining the quality and…