Gray

Gray v. Commodity Credit Corp.

Good Law
159 F.2d 243·1947 U.S. App. LEXIS 2451
United States Court of Appeals for the Ninth CircuitJanuary 28, 1947No. 11287California337 words

Opinion

Lead Opinion

This is an appeal from a judgment dismissing the complaint and declaring the rights of the parties under a contract entered into between appellee, as purchaser, and appellants, who sue on behalf of all growers of muscat grapes who sold to appellee in 1944, as sellers.

Appellants, in urging a reversal, raise three points:

First, they contend that the muscat grape growers are deprived of their property without due process because appellee distributed its funds [derived from the sale of grapes previously sold to it by the growers] to growers of all varieties on a fresh tonnage basis, rather than distributing the proceeds derived from the sale of each variety to growers of that particular variety.

Second, that it is necessary, in interpreting the contract between them and appellee, to imply a provision that appellee shall distribute the fund referred to above to producers of different varieties of grapes on the basis of the profits derived by appellee from its sale of that variety, rather than permitting distribution of the whole fund pro rata to producers of all varieties on a fresh tonnage basis.

Third, that appellants were compelled by duress to enter into the contracts in…

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