National Importing Co. v. California Prune & Apricot Growers, Inc.

The National Importing Company, hereafter referred to as appellant, and appellee entered into a written contract by the terms of which appellant purchased from appellee a certain quantity of prunes to be shipped from California to Indianapolis and consigned to the order of the seller. The prunes were shipped and a draft for the purchase price presented to appellant in compliance with the contract. Appellant refusing to pay for or to receive the prunes, they were placed in storage and kept for appellant. Later, appellee gave appellant notice that it would at a certain time and place sell the…