Curtis
Earl Fruit Co. v. Curtis
Opinion
Lead Opinion
Temple, J.
This appeal is from the judgment and from an order denying a new trial.
*634 Plaintiff sued to recover damages for the alleged breach of a written contract, by the terms of which the defendant, Marie A. Curtis, agreed to deliver to plaintiff at its packing house in Fresno all of her Malaga grapes, not less than eighty tons, then growing on her premises, as soon as they should be in a suitable condition for shipment, or on demand of plaintiff, to be shipped by plaintiff and marketed for said defendant. Plaintiff agreed to furnish boxes, and to pack, ship, and market the fruit promptly on delivery and to account therefor within thirty days from the delivery of the fruit. It is averred that the plaintiff advanced to defendant on account of the grapes which were to be delivered under the contract four hundred dollars, and that defendant delivered only 9,218 pounds of grapes, and wholly failed and refused to deliver the residue, to wit, 150,728 pounds. Judgment is demanded for the damages suffered by such failure, for the money advanced and for some expenses incurred by plaintiff in attempted performance of the contract.