California Canning Peach Growers v. Williams

This action was commenced by the California Canning Peach Growers against Frances 0. Williams and E. R. Williams (husband and wife) and A. D. Poggetto to recover from them $21,333.12 (reduced at the time of trial by stipulation to $21,226.66) alleged to be owing to the association by these parties. In addition the association seeks to recover liquidated damages for failure on the part of defendants to deliver to the association their 1935 crop from the Empire ranch. The complaint sets forth the entire theory of plaintiff’s cause of action in detail. Poggetto is sued as a silent partner, coadventurer or undisclosed principal of the Williams. The action covers all of Williams’ activities with the association for many years, covers many separate contracts and many different ranches.

The action has been tried twice. At the end of the first. trial judgment was entered in Mrs. Williams’ favor, but against Mr. Williams and Poggetto in the sum of $21,226.66. On the issue of liquidated damages for nondelivery from the Empire ranch for 1935 the court found in favor of all defendants. The basis of the trial court’s decision was that Poggetto was a partner of Williams in the various transac…