Purpura Bros. v. Oxner

The defendant in the lower court has appealed from a judgment rendered against him in favor of a grower of citrus fruit on account of defendant's failure to perform a written contract to purchase a crop growing upon the trees. The contract in question contained this provision:

"It is a condition of this contract that the fruit above described shall be and remain free from any of the following defects, and, it being practically impossible to segregate the good from the bad fruit in picking, this contract shall terminate at the option of the buyer with respect to all unpicked fruit, whether a…