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HomeMy WebLinkAbout2347 ~ ~b~1~8 Mut-1960 PURCHASE CONTRACT AND AGREEMENT ContrN~t B-Olb-S THIS AGREEMENT, made this 28th day ot September 19 ]3 0 H.L. Dunn So~ns between Earnest R. Dunn at ~t~' P~~~ce i F o da 50 (hereinaiter called the Grower), and TROPiCANA PRODUCTS, INC. OF BRADENTON. FLORIDA, Buyer W ITNESSETH : That 1he Grower. for and in consideration oi the payments received and to be received, as hereinafter recited, has agreed and dces hereby agree to sell to thc Buyer all citrus fruit of good wholesome, merchantable and marketabte quality irom the gmve or groves hereinafter mentioned. The price to be paid and the fruit !o be purchased. all of which iruit is to be ot good wholesome. merchantable and mazketable quality, is as follows: All Valencia Oranges (except Late Bloom) of the 1973-1974 season . @ Tropicana Products, Inc. daily market price at time of delivery to be no less than fortp (40~) cents per pound of solid delivered, less the actual cost per 90~ weight box for pick, load, and haul . All ftuit contracted to be purchased shall be picked as and when Buyer is ready. the picking to be completed on or before Seasonal ~ 19_. provided the Buyer shall not be hampered or prevented from picking nr shipping the same within said period by Act of God, strikes, railroad or other embargoes, quarantine or any other condition, mattcr or thinQ, beyond its control, in which case the time for gathering and shipping said fruit shall be ex- tended a len~th of time equal to the period of the hampering or prevention caused as aforesai@. Without limitin~ meanin~ of "good wholesome, merchantable and marketable" it is aQreed that ~n event ot substantial damage by weather, such as frost or freezing, wind, drought, hail etc. the Buyer may elect to abandon this contract which shall be done by registered mail mailed not later than fourteen days after the termination of the weather condition which caused the dama~e, sent to address given below whereupon Buyer shall be entitled to immediate refund of advance payment less price of any fruit picked for which settlement has not been made. In such case Buyer may elect to lake such fruit as he shali consider useable. provided Buyer pays for it in accordance with the terms of this con:ract. The Buyer has this day advanced to the Grower the sum of ~ the receipt of which is hereby acknowledged by the Grower, which sum is in advance and part payment for said iruit at the price above s:ated. Shoutd the Buyer. in breach nf ihis agreement, refuse to take this fruit, the amount remaining on deposit with the Grower shall be forfeited to the Grower and shall be the sole damage hereunder. . If the value of the good wholesome, merchantable and marketable iruit available has not equalted the amount paid by the Buyer at the conclusion of the season provided far herein, the overage immediately will be returned bS the Grower to the Buyer. • Seller warrants good title to said fruit with lawful riAht to enter into this contract and wanants that it will be free of alt liens and claims. The individuals signing lhis a~reement on behali of Grower represent that they have authority to do so. Fruit is on grove or groves identified as: Earnest R. Dunn Grove located approximately corner of Rings Hwy. and Picos Road east of Rock Road, being in St. Lucie County . ~ ; TH!S .i~TRUP~ ENT PRfP D . ' w~'~'' TRUPICANA PROGUCTS, INC ~ P. 0. BOX 33g • ~ T~a c~~:a P::,~~CTS, irrc. BRADENTON, FI.ORIDq ~ P. 0. BvX 338 ~~~Q~ i BRAUENTON, FIORiDA 33506 ; Witnesses: ~ s;~naeur~•, ~Earnest R. ~ ` • ~ ~ ~/-'~~GG.L_~~/ L ~~~C~~ r,~. Grower or his Authorized ARent t ~ - C/0 H. L. Dunn So~s ~ y ; - ~ Address ; - ~ • P.O. Box 20 k,".~ ' - ' Ft . Pierce i~ ~~'~rida 3345A, ` : ~l ~ . Tr o ic ana gro~i' e t s I,s'tc`c . ~ : . ~ l * J -:=~eT'~• - S rI ~ • . \ B ~ ~]1~ President ; Form '~<e. b40d B~Ok~~~ PA6E~rJ~ _ ~ ~ ~,r _ , ~ . ~ ~ ~~.:y