Brietengross v. Theodore Krumm, Inc.

BARNARD, P. J.. This is an action to recover the agreed selling price of certain oranges, and certain commissions in connection with the sale of other oranges.

On December 9, 1936, a written contract was entered into between the plaintiff as “Seller” and the defendant as “Buyer”, which provided that the “Seller has sold and the Buyer has bought the entire crop of merchantable” oranges then growing on a described grove, at $1.50 per cwt. It was agreed that the picking and hauling were to be done at the expense of the buyer at the time and in the manner directed by it, receipt of a part of the…