Groezinger

This was an action for damages for the breach of a contract to buy grapes. The substance of the material portions of the contract was as follows: —

One Hopper agreed to sell all the grapes which he might raise during a period of ten years from the vines which were then growing, or which he might thereafter plant, in a certain vineyard. The grapes were to be “ sound,” and were to be gathered when they contained twenty-two per cent of saccharine matter, and to be delivered in boxes at the wine-cellar of the defendant,— the “ first crop” to be delivered separately from the “second crop ” of the same year. In consideration whereof the defendant agreed to accept the grapes and pay for them (after delivery) at the rate of twenty-five dollars per ton, in specified installments, — any advancements which might be made to draw interest at a given rate.

The parties performed this contract for five years. At the end of that time, viz., in October, 1885, Hopper conveyed the vineyard and assigned the contract to the plaintiff. At the time of the transfer the “first crop” of that year was being delivered by third parties, who had made advances upon it. The plaintiff does not appear to have had…