Verni

After a nonjury trial the court below entered judgment denying all relief on the complaint filed by plaint!ff/appellant Sunniland Fruit, Inc., and on the cross-complaint filed by defendant/appellant Saverio Verni. The action arose from a dispute involving Sunniland’s picking, packing, and marketing of Verni’s 1985 table grape crop under a written contract between the parties. Sunniland’s complaint alleged breach of contract, a common count, and a claim on an account stated and sought "recovery of $169,337.40 consisting of a crop advance of $150,000 and an additional $19,337.40 in fees and charges incurred on behalf of Verni but not recovered through the sale of the grapes. Verni’s cross-complaint alleged breach of contract and fraud.

We will agree with Sunniland that the trial court erroneously interpreted the contract as not requiring repayment of the $150,000 advance because of insufficient crop proceeds. We will reverse and remand with directions to correct that error and to determine if Verni is entitled to any offsets against the $150,000 advance. We will also remand for further proceedings on the issue of attorneys fees. In other respects we will affirm the…