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QUALITY FRUIT BUYERS, INC. v. KILLARNEY FRUIT COMPANY

No. 71-908.

269 So.2d 424 (1972)

QUALITY FRUIT BUYERS, INC., a Florida Corporation, Appellant, v. KILLARNEY FRUIT COMPANY, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

November 22, 1972.

Attorney(s) appearing for the Case

Leonard C. Carter, Lakeland, for appellant.

F. Hartselle Baker, of Robertson, Williams and Duane, P.A., Orlando, for appellee.

MANN, Judge.

Quality Fruit Buyers, Inc., which bird-dogs, says bird-dogging is illegal. That takes a little explanation.

Quality agreed to sell 50,000 boxes of oranges, which it did not own, to Killarney for future delivery, at a price of 40 cents per pound solids. Florida is full of fruit buyers who "bird-dog," finding oranges for processors and buyers for growers' fruit. It delivered 20,297 boxes, but defaulted as to 29,703 boxes. The price having risen...

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