Tony Palmiero and Ruby Palmiero, Husband and Wife v. Spada Distributing Company, Inc., a Corporation

BONE, Circuit Judge.

On March 27, 1952, Tony Palmiero, 1 a potato grower who had White Rose and Russet potatoes planted on fifty-seven acres on his farm, and Spada Distributing Company, Inc., a potato dealer, entered a written contract whereby Pal- miero agreed to sell all of the potatoes grown by him on a certain piece of land to Spada, delivery to be in proper season, for the market price at the time of delivery, but without specification as to time of payment. Spada was given a security interest in the crop for loans and advances and a liquidated damage clause was included.

Spada contended…