Gauger v. G. L. F. Waterloo Farm Products Cooperative, Inc.

Judgment reversed on the law and facts, with costs, and complaint dismissed, with costs. Memorandum: The only question involved upon this appeal relates to the admission of parol evidence to vary the terms of a written grower’s contract for tomatoes. By the terms of that contract, plaintiff agreed to plant, care for, pick and deliver to the defendant ten acres of tomatoes. The defendant in turn agreed to furnish the necessary tomato plants at a certain specified price and to buy the tomatoes at a price per ton set forth in the contract. Upon the trial plaintiff was permitted over defendant’s…