Billings v. Farley

HOWE, Justice:

Plaintiffs, fruitgrowers in Utah County, brought this action to enforce the sale of tart cherries which they delivered to the defendants, operators of a fruit receiving and processing plant, at 21½ cents per pound. The trial court ruled in favor of those five plaintiffs who are parties to this appeal. The remaining plaintiffs recovered nothing. Defendants appeal.

Prior to 1973, the defendants Garn L. Baum and Peggy Baum, his wife, owned and operated a fruit receiving and processing plant in Utah County. However, due to operating losses in 1970, 1971 and 1972, the *631Baums had…