California Pear Growers Ass'n v. Herspring

The action was for the balance of the purchase price of pears sold by the plaintiff to the defendant and plaintiff had judgment, from which defendant has appealed. The contract between the parties was in writing, executed on July 17, 1919, and we may quote the following provisions:

“1. Subject to delivery by growers under the standard pear crop agreement of the seller, the seller agrees to sell and the buyer agines to accept and buy from the seller 1000 tons, more or less, windfall pears, at the price of thirty-five dollars ($35.00) per ton, f. o. b. riverbank, Sacramento River, during the…