Phez Co. v. Salem Fruit Union

The growers contend that their defenses upon this appeal is the first time that matter has been tried; that the representations made by the plaintiff and the Salem Fruit Union, and by means of-which the contracts Exhibit “C” with the growers were procured, were material inducements and the respective defenses based thereon, are sufficient to defeat recovery on the part of the plaintiff. No findings of fact were made by the trial court in regard to the defense of the growers.

It is alleged in plaintiff’s reply to the answer of the defendant growers that the mandate of this court sent to the…