Tropicana Products, Inc. v. Shirley

SCHOONOVER, Acting Chief Judge.

The appellant challenges an adverse final judgment holding that it breached its contractual obligation to purchase fruit. The record reflects sufficient, competent evidence to support the trial court’s determination that the appellant, not the appellees, breached the contract in question.

The appellees’ act of selling a portion of their citrus grove to a third party did not constitute a breach of their obligation to provide fruit to the appellant. The appellees’ contract with the appellant “constructively severed” the fruit from the land before the appellees sold…