Procedural Posture los angeles corporate lawyer San Diego California United States

June 15, 2021

Defendant buyer challenged a decision from the Superior Court of Shasta County (California), which entered judgment for plaintiff seller and awarded a judgment of $ 921. The seller filed suit against the buyer for damages for the buyer’s refusal to comply with its agreement to pay for certain dried fruit sold to it by the seller. The trial court denied the buyer’s motion for a new trial.

Overview: los angeles corporate lawyer

The buyer and seller entered into an agreement whereby the seller agreed to sell about 15 tons of pears to the buyer for eight cents per pound. The seller claimed to have performed all of the conditions required of him by the contract. On October 10th, the seller notified the buyer he was ready and desired forthwith to deliver 33,000 pounds of cured pears under said contract. The buyer refused to accept any part of them. The seller held them subject to the buyer’s order until October 25th. The seller then sold the pears on October 25th for six cents per pound, the highest market price obtainable. The buyer claimed that the seller did not cure and deliver or offer to deliver his entire crop of pears and that the pears that the seller did offer to deliver were not properly cured. The court held that: (1) where there was an excess of 3,264 pounds, no allowance could be made for the shrinkage of this excess, which the evidence did not satisfactorily show was of any value; (2) the seller did all that was required as to the disposition of the property under Cal. Civ. Code § 3353; and (3) the evidence showed, without conflict, that the entire crop purchased was tendered by the seller.

Outcome

The court modified the judgment by subtracting $ 23 from the amount of the judgment. As modified, the court affirmed the judgment.

The buyer and seller entered into an agreement whereby the seller agreed to sell about 15 tons of pears to the buyer for eight cents per pound. The seller claimed to have performed all of the conditions required of him by the contract. On October 10th, the seller notified the buyer he was ready and desired forthwith to deliver 33,000 pounds of cured pears under said contract. The buyer refused to accept any part of them. The seller held them subject to the buyer’s order until October 25th. The seller then sold the pears on October 25th for six cents per pound, the highest market price obtainable. The buyer claimed that the seller did not cure and deliver or offer to deliver his entire crop of pears and that the pears that the seller did offer to deliver were not properly cured. The court held that: (1) where there was an excess of 3,264 pounds, no allowance could be made for the shrinkage of this excess, which the evidence did not satisfactorily show was of any value; (2) the seller did all that was required as to the disposition of the property under Cal. Civ. Code § 3353; and (3) the evidence showed, without conflict, that the entire crop purchased was tendered by the seller.

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