Rusconi v. California Fruit Exchange

THOMPSON (R. L.), J.

This is an appeal from a judgment in an action upon a fruit marketing contract to recover money alleged to have been wrongfully withheld by the respondent.

The respondent is a produce marketing corporation. June 1, 1917, the parties to this action executed a written contract by the terms of which the respondent agreed to promptly sell and market, as appellant’s agent, all his deciduous fruit which was to be delivered during a series of years, for a consideration expressed as follows: “for which [service] the Exchange shall deduct from the growers’ account sales 7% of the…