Hoff v. Lodi Canning Co.

The action was to recover $2,704.73, the balance claimed to be due for a quantity of tomatoes sold by plaintiff to defendant. On February 11, 1918, the parties entered into a written contract providing for the sale and purchase of all the tomatoes to be grown that year by plaintiff and fixing the price at twelve dollars per ton, but the concluding clause of said agreement was: “If Stockton or Sacramento price is more than twelve dollars buyer agrees to pay same advance.” Defendant in its answer claimed that prior to any delivery an oral agreement was entered into under the terms of which the…