Ontario Deciduous Fruit Growers' Ass'n v. Cutting Fruit Packing Co.

GRAY, C.

This action was brought to recover the price of certain peaches sold and delivered under a contract in writing. The defendant set up as a defense non-compliance of plaintiff with the contract, and. also a counterclaim on account of damages arising out. of such non-compliancé. The plaintiff had judgment, from which and from an order denying a new trial the defendant appeals.

The contract between the parties contains the following stipulations: “Seller has this d¡ay sold and agrees to deliver to buyer, f. o. b. cars at South Cucamonga, and buyer has bought and agrees to receive from…