Heichemer v. Peterson

By this action respondents sought to recover money advanced by him on a contract for the purchase of fruit after rescission of the contract. Respondent is a fruit broker at Denver, Colo. The appellant is a fruit grower at Moab, Utah. The contract was in writing, and provided for the sale of approximately three cars of pears and two- cars of apples upon which an advance payment was made by the broker. The first car of pears was shipped from Thomp-sons, Utah, and upon arrival at Denver was rejected by respondent as not meeting the terms of the contract, whereupon rescission followed.

Appellant…