Wymond

Associated Almond Growers of Paso Robles v. Wymond

Good Law
42 F.2d 1·1930 U.S. App. LEXIS 4188
United States Court of Appeals for the Ninth CircuitJuly 7, 1930No. 6098California3,970 words

Opinion

Lead Opinion

Dietrich, J.

This is an appeal from an interlocutory decree entered October 2, 1929; enjoining appellants from the performance of certain acts therein specified and referring the case to a special master for the trial of numerous issues, which will be hereinafter explained. The appellants are the defendants and herein will be so designated. The principal defendant, Associated Almond Growers of Paso Robles, a corporation, will be referred to as the Associated.

Some time prior to 1920 the Associated set on foot a project, the general purpose of which was to acquire title to large tracts of land near Paso Robles, in California, thought to be suitable for the raising of almonds and prunes — more especially the former — subdividing them into small units of approximately ten acres each, and selling the several units to the public. The plan contemplated a contract with each individual purchaser, under the terms of which he agreed to pay a stipulated price per acre— generally $509, but sometimes more — a part of which was to be in cash at the time the contract was executed, and the balance to be paid from time to time in stipulated installments. Upon its part, the Associated was, at its own expense,…

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