Narducci
Sun Garden Packing Co. v. Narducci
Opinion
Lead Opinion
Dyke, J.
This is an appeal from a judgment rescinding a contract. Prior to October 7, 1947, appellant Narducci was the owner of some 800 acres of land suitable for the growing of asparagus. On that day he leased the same to appellant Luchini and to Louis Gianni and Giovanni Sani. The term of the lease was 14 cropping years. On December 18, 1947, the three lessees and appellant Narducci formed a partnership for the specific and sole purpose of growing asparagus on the leased property. Thereafter the lease was assigned to the partnership. In 1955, the corporate respondent which operates a cannery sought to purchase the partnership’s lease in order to obtain the asparagus crop growing on the property. Negotiations therefor were carried on through a Mr. Williams, a real estate broker. Appellants Narducci and Luchini were willing to sell their interests if Gianni and Sani did not object. The latter two refused to sell, but Williams and an agent of respondent assured appellants that if they would sell their interests respondent “would take care of” Gianni and Sani. The negotiations between respondent and appellants continued and resulted in the execution of title documents as follows: (1) An…