California Prune & Apricot Growers, Inc. v. Baker

An action by a co-operative marketing asso-' eiation 'to recover liquidated damages for the breach of contracts providing for the sale and delivery to the plaintiff of certain crops of prunes by defendants, who were members of the association.

The association therein agreed to pay therefor a fixed minimum price per pound upon delivery, the contracts further providing as follows:

“The buyer (plaintiff) agrees to use its best efforts to resell said prunes, together with similar prunes from other sellers, at net prices higher than those paid to the sellers (defendants) upon delivery thereof, and…