Z. H. Simmons v. A. B. Williford

WHITFIELD, C. J. -- On July 20, 1909, Williford by contract purchased from Simmons an entire crop of oranges then growing on the trees, at stated prices per field box, the fruit to be gathered by October 1st, if in condition to be shipped. Part payment was made. The fruit was not removed on October 23rd, when another part payment was made. On November 17th, the purchaser filed a bill in equity in which it is alleged in substance that on October 1st the fruit was green, immature and unmarketable; that on November 15th the servants of the purchaser were directed to begin gathering the crop, but defendant refused to permit said servants to enter upon the premises to gather the fruit; that defendant is insolvent; that the fruit is growing on defendant's homestead and that plaintiff is informed and believes that defendant intends to have the entire crop of oranges removed from the grove at night to avoid detection by plaintiff. An injunction was prayed to restrain defendant from removing the fruit and from interfering with plaintiff in his right to take the fruit from the trees upon the agreed terms. An injunction was granted. The bill was answered and demurred to.A motion to dissolve the injunction was denied and the demurrer to the bill of complaint overruled.