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HARCOURT-GREENE CO. v. PENNSYLVANIA MACARONI CO.

February 23, 1949

HARCOURT-GREENE CO.
v.
PENNSYLVANIA MACARONI CO.



The opinion of the court was delivered by: MCVICAR

This is an appeal from a reparation order under the Perishable Agricultural Commodities Act, 7 U.S.C.A. § 499a et seq. The Court, after hearing, makes the following Findings of Fact and Conclusions of Law:

Findings of Fact.

 1. Complainant is an individual, Walter L. Harcourt, doing business as Harcourt-Greene Co., whose address is 210 California Street, San Francisco, California.

 2. Respondent is a corporation, Pennsylvania Macaroni Co., Inc., whose address is 2010-12 Penn Avenue, Pittsburgh, Pennsylvania. At all times mentioned in the pleadings, respondent was licensed under the act and is now so licensed.

 3. On or about September 5, 1944, complainant sold to respondent, by oral contract confirmed by complainant in writing, in the course of interstate commerce, one carload of California Late Hard White San Juan Garlic, 85% U.S. No. 1, f.o.b. California shipping point, at 26 1/2 cents per pound, 'U.S. Department of Agriculture Inspection Certificate final evidence of quality to be attached to draft.'

 4. On or about September 8, 1944, complainant and respondent agreed to an amendment of the contract, reducing the price of the garlic to 25 cents per pound.

 5. In the negotiation of the contract and its subsequent amendment, G. DeStefano & Son, Pittsburgh, Pennsylvania, acted as an agent of both complainant and respondent.

 6. On September 9, 1944, complainant shipped to respondent, in car PFE 75263, garlic of the kind and in the quantity called for by the contract, which was tendered to respondent at Pittsburgh, Pennsylvania, and refused by respondent. This garlic graded at least 83% U.S. No. 1, and may have graded higher.

 7. Complainant resold the shipment for the net sum of $ 5,661.47, which, deducted from the reduced contract price to respondent, or $ 7,435, resulted in a net loss to complainant of $ 1,773.53, no part of which has been paid by respondent.

 8. The informal complaint was filed on September 29, 1944, which was within nine months after the cause of action accrued.

 Conclusions of Law.

 1. The contract in this case is not enforceable under the applicable section of the Statute of Frauds. Pennsylvania Act of Assembly of 1915, P.L. 543, 69 P.S. § 42.

 2. Judgment should be entered in favor of the ...


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