San Diego Fruit & Produce Co. v. Elster

On April 29, 1940, these parties entered into an agreement providing that the defendant should deliver to the plaintiff all peas grown on certain land during the crop season of 1940-1941; that the plaintiff should pack and market the peas; and that plaintiff’s “commission” with certain packing and shipping charges, and any advances made, should be chargeable to defendant. The agreement also provided that the plaintiff should advance to the grower up to $17,500, to cover certain items and expenses during that season; and stated that the plaintiff “now holds” the defendant’s note for $17,500,…