Southern Cucumber Co. v. Henderson

LARRY G. SMITH, Judge.

Southern Cucumber Co., Inc. (Southern), appeals a final Department of Agriculture order requiring an accounting to appellees Henderson and Runner, d/b/a H & R Farms, and Richardson (hereafter “growers”), for all cucumbers delivered by growers to Southern at Southern’s packing house in Wauchula, Florida, during the fall growing season of 1980. We affirm the order for an accounting, with modifications.

The argument on appeal focuses upon whether Southern1 in its course of business with the growers during the season in question was a purchaser,2 or whether it acted as an…