Ball v. Stokely Foods, Inc.

These were five separate actions, consolidated for purposes of trial, brought by pea growers in Skagit county, against Stokely Foods, Inc. Plaintiffs sought to recover damages allegedly sustained as a result of defendant’s delay in harvesting their peas during 1947. From verdicts and judgments in favor of plaintiffs, defendant has appealed.

The suits are predicated upon written contracts, which are substantially identical in terms. They provide that the seller, or grower, should cultivate, for the benefit of the buyer, Stokely, specified quantities of peas. They read further:

“It is understood…