California Canning Peach Growers v. Downey

Action by plaintiff to recover liquidated damages from the defendant Sheridan Downey on account of alleged violation of the terms and conditions of a certain fruit-marketing agreement entered into between the plaintiff and the defendant Downey on or about the seventeenth day of April, 1923. The defendant had judgment and the plaintiff appeals. Leaving all the allegations of the plaintiff’s complaint uncontroverted, the defendant sets up in his amended answer: “that the plaintiff notified the defendant that his peaches for the year 1923 had been sold to Smith-Prank Packing Company, a…