Stanford Fruit Growers, Inc. v. Singer

ADAMS, J.:

Appellant contracted to purchase appellee’s entire crop of grapefruit for 67% cents per box. All fruit was to be picked and removed by appellant on or before April 15, 1940. Appellee assumed the risk of cold by a clause in the contract reading:

“It is agreed that you are to assume all risk of windstorm and freeze damage to this fruit and that we shall not be required to pick or pay for fruit so damaged.”

On January 27, 1940, while there was still approximately 5,000 boxes of fruit on the trees, a severe freeze occurred. Appellant declined to pick the fruit and insisted that he was…