Houze v. Houser

1. Where a seller and a purchaser enter into a written contract whereby the vendor agrees to sell and the vendee contracts to buy certain peaches which the contract describes as all of the seller’s “crop of peaches for this year, consisting of the peaches from about 2500 trees each of Hiley Belle and Elbertas, about 150 trees of Ga. Belles, at the price of $0.60 per basket, delivered to the cannery of W. L. Houser [the purchaser],.in Eort Valley;” and where the contract provides further that the seller agrees “to deliver all peaches when fully matured and not soft, peaches must average normal…