Flores v. Basso

Defendant sold to plaintiff, in June, 1920, ten car loads of Zinfandel grapes at $80 a ton. The grapes were to be loaded and delivered to plaintiff f. o. b. at shipping points in California. Defendant also sold to “Kamil and Brecher Produce Company,” of Detroit, five cars under a like contract. Subsequently the produce company sold to plaintiff its contract, and defendant was notified thereof. These grapes were to be delivered during the grape season, which included the months of August, September, October and November. Defendant delivered only eight cars. The first car was shipped on August…