Pacific Fruit Exchange v. F. E. Booth Co.

Plaintiff holds a crop mortgage on the crops of the seasons of 1925 to 1932, inclusive, grown on the ranch of W. J. Smith and wife in Sacramento County. In 1927 defendant, in consideration of money previously advanced, purchased and received from said Smith a part of the pear crop grown on said ranch that year. By this action plaintiff recovered judgment against defendant for the value of the said mortgaged pears after deducting the share-tenant’s part for maturing the same. Defendant appeals.

The complaint was in three counts. The first sets forth the facts in detail, stating a cause of…