California Fruit Exchange v. John Meyer, Inc.

This is a suit to recover the difference between the invoice price of a carload of peaches, which plaintiff alleges it sold to defendant, and the amount realized from their sale at auction, after defendant had refused to accept them.

The defendant is a wholesale dealer in fruits in the city of New Orleans. In the early part of the month of August, 1920, it entered into an oral agreement with the district manager of the plaintiff for the sale and purchase of a carload of peaches. The peaches, which were shipped from California consigned to plaintiff on a straight bill of lading drawn in its…