Firebaugh v. Thomas

On October 17, 1930, the respondent, as seller, and the appellants as buyer, entered into a written contract of sale of a crop of Emperor grapes then growing on respondent’s vineyard near Exeter. Among other things, the contract provided that the buyer was to pay for picking and hauling the crop, that the entire crop was to be picked not later than November 5th, that all grapes picked “shall meet the requirements of Growers Service Company and No. 1 Juice for Juice Grapes”, and that the buyer should not be liable under the contract if the fruit was not matured so as to permit picking on the…