Georgia Peanut Co. v. Famo Products Co.

Appellant, plaintiff below, appeals from a judgment against it in a jury waived proceeding. It sued upon an alleged contract for the sale of certain peanuts to the appellees-defendants’ predecessor in interest. Appellant claimed that the contract was made through a broker by virtue of a memorandum of sale of the peanuts, signed by the broker, it was claimed, as representative of both parties.

The appellees, defendants below, were successor in interest to the claimed buyer. They contended that there was no meeting of minds on the contract and that the alleged broker was in fact merely the agent of the appellant seller, and hence its signature was not that of an agent, of the buyer.

It is not necessary to resolve these disputes, since we regard it as controlling that the price of the peanuts was $18,450, and that there was no written authorization from the buyer to the broker.

For the purposes of this decision, we are accepting appellant’s contention that the claimed broker was in fact the agent of both parties in signing the memorandum of sale, and that if it had been properly authorized the contract would have been valid.

California Civil Code, § 1624, subd. 4, as amended,…