Veerkamp v. Hulburd Canning & Drying Co.

Citations

• 58 Cal. 229

Syllabus

<p>Contract for Sale of Vruit—Construction—Partial Delivery—Time of Payment.—The defendant agreed to take and pay for all the fruit raised by the plaintiff at a uniform rate per pound for all fruit raised and delivered at the works of the defendant. As the fruit ripened the plaintiff delivered and the defendant received it under the contract; but the latter refused to pay for the fruit until all was delivered; and thereupon the plaintiff declined to deliver any more, and sued for the value of that delivered.</p> <p>Held, that according to the true construction of the contract, as each lot was ■ delivered and accepted by the defendant, there became due and payable from it to the plaintiff the value thereof at the rate per pound fixed in the contract.</p>