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PALMIERO v. SPADA DISTRIBUTING COMPANY

No. 14017.

217 F.2d 561 (1954)

Tony PALMIERO and Ruby Palmiero, husband and wife, Appellants, v. SPADA DISTRIBUTING COMPANY, Inc., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

December 6, 1954.

Attorney(s) appearing for the Case

Stephen E. Chaffee, Sunnyside, Wash., Kenneth C. Hawkins, Yakima, Wash., for appellants.

Irving Korn, Portland, Or., Michael J. Kerley, Spokane, Wash., for appellees.

Before BONE, FEE and CHAMBERS, Circuit Judges.

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 Palmiero 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...

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