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MOSEKIAN v. DAVIS CANNING CO.

Docket No. 317.

229 Cal.App.2d 118 (1964)

40 Cal. Rptr. 157

GREGORY MOSEKIAN, Plaintiff and Respondent, v. DAVIS CANNING COMPANY et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

August 11, 1964.

Attorney(s) appearing for the Case

C. Ray Robinson, John E. Whiting, Mary C. Fisher and Joel West for Defendants and Appellants.

Ara Ohanesian for Plaintiff and Respondent.

STONE, J.

Defendant Davis Canning Company and its fruit buyer, defendant Adams, appeal from a judgment for damages resulting from a breach of an oral contract for the sale of plaintiff's peach crop. Defendants contend that Civil Code section 1724, subdivision (1), requiring a sale of goods for a consideration valued in excess of $500 to be in writing, bars plaintiff's recovery, and that defendants are not estopped from asserting this statute. The trial court found...

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