Buckner v. A. Leon & Co.

This is an appeal from judgment in favor of plaintiff in an action for damages because of failure of defendant buyer to accept full delivery under a written contract between the parties for the sale and purchase of green grapes.

Said contract provided that the grapes were to be delivered “£. o. b.” a shipping point near plaintiff’s vineyard. At the same time the parties also agreed orally, as alleged, proved, and found by the court, that defendant would furnish lug boxes for said grapes at plaintiff’s ranch in accordance with the prevailing custom of the county where the transaction took…