Garcia & Maggini Co. v. Colvin

Plaintiff appeals from a judgment of non-suit in an action to recover damages for defendants’ failure to deliver prunes under a written contract of sale between plaintiff corporation, by its agent, Charles H. McDermott, and defendant Peter Colvin. By said contract, which was made March 22, 1919, about the beginning of the blossoming season, the former agreed to purchase and the latter agreed to sell forty tons of dried prunes, at ten cents per pound base, constituting the 1919 prune crop raised on the Colvin ranch, in Sonoma County, which the contract recites is the sole and absolute property…