Avery

Plaintiffs seek to recover damages for alleged breach of a contract between them as growers and the Schuman Company, a corporation, entered into on August 16, 1954, for the picking and marketing by the defendant of their 1955 grape crop grown upon their lands situated in Riverside County.

The complaint alleges that because of the delay in picking the crop, the prices dropped and by reason of such drop, the plaintiffs were damaged when the defendants sold the crop at a reduced price.

The answer denies the allegations of the complaint and pleads the acceptance by the plaintiffs on August 29, 1955, of the sum of $6,791.21 — tendered in the form of a check with the statement “settlement of 1955 crop deal as per statement”, as constituting both an accord and satisfaction and a final statement of an account — which bars recovery.

On the basis of affidavits and statements contained in deposition of plaintiff Stanley L. Avery, the defendant has moved for summary judgment under Rule 56, Federal Rules of Civil Procedure. The contention is that — because some complaint had been made about the delay in harvesting the plaintiffs’ crop and it was admitted by the plaintiff Stanley L. Avery…