Brown v. Anderson

Hayne, C.

Action to recover a balance due on a contract for the sale of fruit. The material portions of the contract were as follows: —

“I have sold to J. Z. Anderson of San José all the prunes and other fruits that may grow or be produced during the year 1884 upon about fifty acres of land purchased by me of A. G. Higgins, and situate in Santa Clara County, for the full sum or price of $2,666.23, payable as follows: $100 on this date, $900 on or before January 1, 1884, and the balance when the crop is taken off, at the end of the year.....I am to cultivate and take good care of the trees, and…