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SAN DIEGO FRUIT & PROD. CO. v. ELSTER

Docket No. 4834.

127 Cal.App.2d 80 (1954)

273 P.2d 70

SAN DIEGO FRUIT & PRODUCE COMPANY (a Corporation), Appellant, v. JACK ELSTER, Respondent.

Court of Appeals of California, Fourth District.

August 6, 1954.

Attorney(s) appearing for the Case

John Gerald Driscoll, Jr., Gray, Cary, Ames & Frye and Joseph Brand Colton for Appellant.

Horton & Knox for Respondent.

BARNARD, P.J.

On April 29, 1940, these parties entered into an agreement providing that the defendant should deliver to the plaintiff all peas grown on certain land during the crop season of 1940-1941; that the plaintiff should pack and market the peas; and that plaintiff's "commission" with certain packing and shipping charges, and any advances made, should be chargeable to defendant. The agreement also provided that the plaintiff should advance to the grower up...

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