Independent Fruit Co. v. Platt Produce Co.

We adopt the statement of the nature and result of the suit made by appellant as follows:

“This is a suit by Platt Produce Company against Independent Fruit Company. Plaintiff alleges that defendant purchased from it a carload of potatoes, and thereafter, upon tender of delivery, the defendant refused to accept; that plaintiff resold potatoes on the market at the best obtainable price. This suit is for the difference between the alleged contract price and the proceeds of the sale. The defendants allege that they purchased genuine Burbank potatoes, and that the plaintiff did not tender this…