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HomeMy WebLinkAbout0591 (b) That the defendants did, prior to November 29, 1971, agree to buy a citrus grove located in St. Lucie County, Florida, from DiGiorgio Corporation, and one from Percy R. Pyne, III and Leverett S. Shaw. ' (c) That an or about November 29, 1971, the plaintiff and the defendant D. J. Tzimenatos entered into an a9reement wherein D. J. Tzimenatos did agree to sell to the plaintiff at market price the entire citrus crop blooming in the year 1971 and merchantable at the time of picking from the grove being bought from DiGiorgio Corporation, known as the "Swift Canal Grove", as well as the fruit from ~ k the grove being bought from Percy R. Pyne, III and Leverett S. t I a Shaw, known as the "Kings Highway Grove", which was estimated ~ to be 55,000 field crates. (d) That the defendant D. J. Tzimenatos agreed ~ that the plaintiff would receive as a commission Twenty Cents ($.20) per box for handling charges. (e) That the Defendant D. J. Tzimenatos requested ~ • and the plaintiff advanced to him a total sum of Seventy ~ Thousand and 00/100 ($70,000.00) Dollars, Sixty-Five Thousand ` and 00/100 ($65,000.00) Dollars of which was to be applied ~ E = toward the purchase price of the two citrus groves and that ~ ~ . ~ it was further agreed between D. J. Tzimenatos and the plaintiff ~ that as the fruit was picked, processed and sold, the plaintiff ~ ~ could deduct from the monies received the advances so made. ~ (f) That the defendant D. J. Tzimenatos agreed ~ ~ ~ to pay the plaintiff interest at the rate of 7-1/2$ per annum ~ on $30,000.00 of the $70,000.00 so advanced. Y. ~ (g) That D. J. Timzenatos admits the execution - of the contract agreement attached to the complaint. `y (h) That there were 35,543 boxes of fruit harvested from both groves returning a gross return of Eighty-eight Thousand Three Hundred Sixty and 81/100 ($88,360.81) Dollars, - ; °t ~ _2_ ~ ,w FEE. PARKER & FEE. P. A. ` ATTORNEI15 AT LAW ' S~1 vosT oFV~cE eox ,ooo ~Ql ?'~l;E FORT PIERCE. FLORiUA 33450 ~3 ~ ~ ~ ' ~ &r ~,`~s-,s~ ~ =z a~ ~ ~ ~~z~ ~ . ~~.~r~~ay,=~*s°'~'~"5~ ~~"r~~~ . . ~'-t~~'~',~'.'~~~