Sterling v. Gregory

85 P. 305 (1906)

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Nature of the Case

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Facts

P was the owner of orange groves known as the Upper Orchard, the Triangle, and Klondike. P and D entered into an agreement where D agreed to buy all the oranges grown on the Upper Orchard at the price of one and one-quarter cents per pound. Also, P and D agreed that D should handle, pack, ship, and sell for the account of P all the oranges grown on the Triangle and Klondike groves. Before the delivery to D on the Upper Orchard was complete, P sold the oranges on the other two orchards to other buyers. D stopped buying from the Upper Orchard by rescinding the contract and restoring to P everything of value which D had received from P. P sold those oranges to other buyers but at a lower cost. P sued D for the difference in the price. D answered and claimed that the contract was not divisible but was one contract and that P had breached it by selling the oranges from the two orchards to other buyers. Two witnesses, in addition to D, testified to an unconditional agreement that the D was to have the handling of the fruit from the two groves at fifty cents per box, and was to buy the fruit from the 'Upper Orchard' at one and one-quarter cents per pound. D got the verdict. P appealed claiming that there was a contract for each Orchard.