California Prune & Apricot Growers, Inc. v. El Reno Wholesale Grocery Co.

STONE, Circuit Judge.

This is an action on contract to recover for failure to accept and pay for prunes shipped by the seller from California to the purchaser in Oklahoma. At the close of the plaintiff’s evidence, the court directed a verdict in favor of defendant for the reason that the contract was unenforceable because lacking mutuality.

The contract was written. It was executed on May 18, 1920, and provided for the sale and purchase of described quantity and quality of prunes to be delivered during October and November, 1920, at El Reno, Okl. The prunes were to be óf the 1920 crop, the…