Townsend Fruit Co. v. Mayo
| Decision Date | 06 November 1957 |
| Docket Number | No. 19,19 |
| Citation | 98 So.2d 345 |
| Parties | TOWNSEND FRUIT COMPANY, Inc., and Driskell Townsend, Appellants, v. Nathan MAYO, Commissioner of Agriculture and E. B. Conoley, Trustee, et al., Appellees. |
| Court | Florida District Court of Appeals |
E. B. Larkin, of Larkin & Larkin, Dade City, for appellants.
William C. Pierce, Tampa, for appellee Nathan Mayo.
Julian K. Dominick, of Fishback, Williams, Davis & Dominick, Orlando, for appellees E. B. Conoley, trustee, and others.
The Circuit Court of Pasco County quashed a writ of certiorari which had been issued to review an order entered by the Commissioner of Agriculture against a citrus fruit dealer.
Section 601.67, Florida Statutes, F.S.A., authorized the Commissioner of Agriculture, after notice and hearing, to revoke or suspend the license of any citrus fruit dealer if he determines that such dealer has violated any of the provisions of the Florida Citrus Code.
Section 601.64, Florida Statutes, F.S.A., makes it unlawful in connection with any transaction relative to the purchase, handling, sale and accounting of sales of citrus fruit '(4) For any citrus fruit dealer to make, for a fraudulent purpose, any false or misleading statement concerning the condition, quality, quantity, or disposition of, or the condition of the market for, any citrus fruit which is received by such citrus fruit dealer or bought or sold or contracted to be bought or sold by such citrus fruit dealer; or the purchase or sale of which is negotiated by such citrus fruit dealer; or to fail or refuse truly and correctly to account and make full payment promptly in respect of any such transaction in any such citrus fruit to the person with whom such transaction is had, or to fail or refuse on such account to make full payment of such amounts as may be due thereon, or to fail without reasonable cause to perform any specification or duty express or implied arising out of any undertaking in connection with any such transaction;'
Section 601.66, Florida Statutes, F.S.A., provides that:
Section 601.68, Florida Statutes, F.S.A., provides:
The appellee, E. B. Conoley, trustee, filed the following complaint with the Commissioner of Agriculture:
'Fishback, Williams, Davis & Dominick
'Attorneys and Counsellors at Law
'170 East Washington Street
'Orlando, Florida.
'January 27, 1956
'Honorable Nathan Mayo
'Commissioner of Agriculture
'Citrus & Vegetable Inspection Division
'Winter Haven, Florida
'Re: E. B. Conoley, as Trustee for Barbara Jean Pell, Mildred Joyce Pell, Robert William Pell, Shirley Ann Pell, Eloise Fishback, Mary Jo Fishback, H. D. Fishback and Annie Jean Fishback; and S. E. Conoley, as Trustee for Connie Conoley, Complainants, vs. Townsend Fruit Company, Inc., and Driskell Townsend
'Dear Mr. Mayo:
'Mr. E. B. Conoley, as agent for the complainants, on January 3 entered into contract with Townsend Fruit Company, Inc. to sell 4,000 boxes fruit at $1.60 per box on the tree. A copy of this contract is attached hereto and made a part hereof.
'Townsend Fruit Company picked 4,118 boxes of fruit between January 6, 1956 and January 16, 1956, and thereby became indebted to the complainants in the sum of $6,588.80, of which $500 was paid to the complainants when the contract was made. No further monies have been received by complainants. We will be glad to furnish you further information that you may request, but we wanted to make this complaint to your office so that you might take appropriate action. Yesterday we filed a complaint in the Orange County Circuit Court on this transaction and have voluntarily dismissed the same today so that you might have jurisdiction of the complaint.
'Very truly yours,
'Sgd/ Julian K. Dominick
'Julian K. Dominick
'JKD/aj
'Enclosures
'cc: Mr. E. B. Conoley
'Orlando Garden Road
'Orlando, Florida.'
(Attached contract)
'Townsend Fruit Company, Inc.
'Witnesseth That, subject to the terms and conditions hereinafter set forth, the Grower hereby sells and delivers and the Buyer purchases from the Grower all oranges now growing or to be grown during the 1955-1956 citrus fruit season on the grove located and identified (sic) as follows:
From City of
Name of Grove Miles County: Section Township
------------------------------------------------
13 acre block Ferndale, Fla. Lake
Estimated
Range Quantity
------------------
4000 Boxes
'The Purchase price shall be $1.60 per box on tree.
'Grower acknowledges receipt of $500.00 as part payment of said purchase price; the balance shall be paid when fruit is gathered.
'Grower shall allow Buyer until Jan. 10, 1956 to remove fruit, or a reasonable time after fruit reaches maturity suitable for concentrating. Fruit sold herewith shall at time of delivery be merchantable, free of frost and dryness and of the maturity required for frozen concentrate. If due to any cause, Buyer does not receive sufficient boxes of fruit to liquidate said cash payment, the Grower shall repay the Buyer the deficiency, upon demand.
'Buyer, its agents and employees shall have the right of ingress and egress to said groves properties at all times for the purpose of inspecting and/or the removal of said fruit.
'In the event strikes, lockouts, embargoes, quarantines, acts of God or any other conditions beyond the control of the Buyer and prevent the Buyer from picking the fruit, the Buyer shall have the additional time required therefor.
'Grower warrants that he will not cause said groves to be fertilized or sprayed so as to injury the quality of said fruit or cause it to drop. He shall properly cultivate, fertilize, spray and dust said groves and fruit in a first class and husbandlike manner. He further warrants that said fruit has not been sold and that he has the sole right to said fruit and that there are no existing liens or contracts which will in any way affect the Buyer's rights hereunder.
'In Witness Whereof the parties hereto have hereunto executed this agreement in person or by their duly authorized agent this 3 day of January, 1956.
'/S/ E. B....
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...court quashing a writ of certiorari issued to review an administrative order of the Commissioner of Agriculture. Townsend Fruit Co. v. Mayo, Fla.App., 98 So.2d 345. Similarly, the District Court of Appeal, Third District, without apparently considering the jurisdictional question, entertain......
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