Cypress Gardens Citrus Products, Inc. v. Bowen Bros., Inc.

McNULTY, Judge.

Plaintiff-appellant brought suit for partial return of advances paid pursuant to the terms of a written contract. The trial court granted a final judgment of dismissal in favor of appellee, and we affirm.

Appellant is a citrus marketing co-operative, and under the contract in question agreed to purchase from appellee certain quantities of fruit. Appellee was not a member of the co-operative but agreed to sell the aforesaid quantities of fruit through the co-operative on what is called a “participation plan”. The material portions of the contract are as follows:

“1. That during…