Fomco, Inc. v. Joe Maggio, Inc.

McCOMB, J.-

— Defendants appeal from a judgment in favor of plaintiff in an action to recover damages for breach of a contract for the sale of carrot crops.

Facts: October 1, 1957, a written contract was entered into between Joe Maggio, Inc., as seller, and Fomeo, Inc., as buyer, under which the seller agreed to sell, and the buyer agreed to buy, during the 1957-1958 carrot season in Imperial County, approximately 4,000 tons of carrots for the sum of $40,000, payable $20,000 down, $10,000 on or before November 1, 1957, and $10,000 on or before December 1, 1957.

The seller represented that it had…