HOLLY HILL FRUIT PRODUCTS CO., INC. v. BOB STATON, INC.

No. 72-670.

275 So.2d 583 (1973)

HOLLY HILL FRUIT PRODUCTS CO., INC., Petitioner, v. BOB STATON, INC., et al., Respondents.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 27, 1973.


Attorney(s) appearing for the Case

Robert P. Murray, of Holland & Knight. Lakeland, for petitioner.

William B. Holland, Winter Haven, for respondents.


MANN, Chief Judge.

The Commissioner's finding that Staton's delivery of oranges "from various groves located in Highlands and Hardee Counties" was frustrated by a freeze which made performance legally impossible is supported by substantial competent evidence. Impossibility of performance of agricultural contracts varies according to whether the seller contracts to sell his own produce, in which case an individual crop failure constitutes legal impossibility, or whether...

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