Ontario Deciduous Fruit Growers' Association v. Cutting Fruit Packing Co.

66 P. 28 (1901)

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Ontario Deciduous Fruit Growers’ Association v. Cutting Fruit Packing Co.

California Supreme Court
66 P. 28 (1901)

SC

Facts

Ontario Deciduous Fruit Growers’ Association (Ontario) (plaintiff) contracted to grow and sell peaches from specific orchards to Cutting Fruit Packing Co. (Cutting Fruit) (defendant). An extraordinary drought affected the specific orchards the contract identified, to the extent that Ontario was unable to produce the required amount of peaches from those orchards. The trial court ruled in favor of Ontario, finding that its full performance under the contract was impossible. Cutting Fruit appealed.

Rule of Law

Issue

Holding and Reasoning (Gray, J.)

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