time with dealers all over the world, at set prices for the sale
to said dealers of well over half of its estimated production of
canned tomato products.
Picked tomatoes are highly perishable and cannot be stored.
Consequently they are processed and canned immediately upon
delivery and then shipped directly to the dealers who have
contracted for them.
The Campbell Soup Company, at its experimental farm in New
Jersey, developed varieties of tomatoes most suitable for its
canning purposes, and it grows the plants for these varieties at
its farms in Georgia. These plants are available for sale to
farmers contracting to grow tomatoes. These plants are sold to
the farmers by the Joseph Campbell Company and the Campbell Soup
Company, on credit, payment therefor being deducted when the
tomatoes are delivered at the loading stations.
Defendant Samuel Barrage has made it a practice also to sell
plants to farmers on credit, deducting the price from deliveries,
and did sell to the following defendants in 1952 — Phares
Stauffer, 16,400 plants, $85.50; Lester C. Martin, 22,000 plants,
Barrage has also made it a practice to furnish baskets to
farmers on credit as above, and has furnished 2,150 baskets to
the following defendants in 1952 — Lester C. Martin, 2,000;
Phares Stauffer, 150.
Defendant Lester C. Martin purchased from the Joseph Campbell
Company for the 1952 planting season 88,100 plants at a total
cost of $452.45.
Defendants Joseph Loch and Frank W. Loch purchased from the
Campbell Soup Company for the 1952 planting season 51,450 plants
at a total cost of $270.12.
Defendant Phares B. Stauffer purchased from the Joseph Campbell
Company for the 1952 planting season 30,450 plants at a total
cost of $158.82.
It is estimated that a farmer plants from 3,000 to 3,600 plants
The Campbell Soup Company makes a free soil analysis available
to farmers who contemplate entering into contracts with the
Joseph Campbell Company, and also makes available to farmers who
have entered into such contracts, free technical advice on
problems relating to the planting, fertilizing, culture, spraying
and harvesting of their tomato crops, including a free monthly
bulletin entitled "News and Views from Campbell".
Contracts are entered into by the Joseph Campbell Company with
farmers in widely diversified areas with a view to avoiding
regional crop failures and also so that by geographical alignment
of the contracts a successive period of ripening will result so
as to make the flow of tomatoes to the canning plant more evenly
distributed over the seven or eight week canning period.
Deliveries to plaintiffs this year have been less than half the
anticipated supply from contract growers.
All the defendant farmers have been picking tomatoes from their
entire acreage since the first week in August, but made no
deliveries to plaintiffs until August 20th, when the defendants
Joseph Loch and Frank W. Loch delivered one load of tomatoes,
weighing approximately 7 tons.
The defendants Lester C. Martin and Phares B. Stauffer made no
deliveries to plaintiffs until September 4th, when Martin
delivered a load weighing approximately one and one-half (1 1/2)
tons, and Stauffer a load weighing approximately four (4) tons.
The total amount of tomatoes delivered to plaintiffs by the
defendant growers up to and including September 9th is as
Lester C. Martin — September 4th, 1 1/2 tons
September 5th, 4 1/2 tons
Joseph Loch and Frank W. Loch — August 20th, 7 tons (rejected)