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HomeMy WebLinkAbout2350 ~ss1~9 ; Mut-1959 PURCHASE CONTRACT AND AGREEMENT ContrNo. B-014-5 THIS AGREEMENT, made this 28th d$y aj September 19 73 Dunn Brothers, Inc. Dunn A ent ~ 8 between Earnest R. ~ $of U4 10 A (hereinaiter called the Grower), and TROPICANA PRODUCTS, INC. OF BRADENTON, FLORIDA, Buyer 450 WITNESSETH: That the Grower, for and in consideration of the payments received and to be received, as hereinatter recited, has a~reed and does hereby agree to sell to the Buyer all citrus fruit of good wholesome, merchantable and marketable quality from the gmve or gmves hereinaiter mentioned. The price to be paed and !he fruit to be purchased. all of which fcvit is to be of goo@ wholesome, merchantable and mazketable quality. is as follows: All Hamlin, Pineapple, and Valencia Oranges ( except Late Bloam) of the 1973-1974 season . ~ @ T`ropicana Producta, Inc. daily market price at time of delivery to be no less than forty (40~) cents per pound of solid delivered, less the actual cost per 90~ weight box for pick, load, and haul . All fruit contracted to be purchased shalt be picked as and when Buyer is ready. the picking to be compieted on or Seasonal before , 19_, provided the Buyer shall not be hampered or prevented from picking or shipping the same within said period by Act of God, strikes, railroad or other embargoes, quarantine or any other c~ndition, matter or thin~, beyond its control, in which case the time for ~athering and shipping said fruit shali ~e ex- tended a len~th of time equal to the period of the hamperin~ or prevention caused as aforesaid. Without limitin~ meaninQ of "Rood w•holesome, merchantabtc and marketable" it is a~reed that ui event of substantial damage by weather, such as fcost or freezing, wind, drought, hail ete. 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 damaRe, sent to address given below wherevpon Buyer shall be entitled to immediate refund of ad~•ance payment less pnce of any fruit picked for which sett[ement has not been made. In such case Buyer may elect to take such fruit as he shall consider useable. provided Buyer pays for it in accordance with the terms of this con:zact. The Buyer has this day advanced to the Grower the sum of , the receipt o! which is hereby acknowledged by the Grower, which sum is in advance and part payment for said iruit at the price above ~:ated. Should the Buyer, in breach of ihis agreement, refuse to take this fruit, the amount remaining on deposit with the Grower shali be forfeited to the Grower and shali be the sole damage hereunder. If the value of the aood wholesome, merchantable and marketable fruit available has not equalled the amount paid by the Buyer at the conclusion of the season provided for herein~ the overage immediately wili be returned by the Grower to the Buyer. Seller warrants good title to said Lvit with lawful riAht to enter into this contract and warranis that it will be free of alI liens and clairns. The individuals si~ing this aRreement on behali of Grower represent that they have authority to do so. Fruit is on grove or groves identified as: ~unn Bros. Block corner Rings Hwy. b~ Picos Rd. east of Rock Itd.,being in St. Lucie County . - Dunn Bros. Block # 4 east side of Hwy. U.S. # 1 approximately 1 1/2 miles south of White Rd., being in St. Lucie County . ~ ~ i ; t „ ; jN1 INSTRU HT PREP D, TROPICANA 4RODUC75~ INC. ~ _ 1 P. 0. BOX ~ gRADENTON~ fL4RiDA ~ 3 ~.~'Q ~ rr~i CA::~ PRCDUCTS, INC. P. 0. 8~X 333 ~fiADEi~701V, rLORIDA 33506 - Dunn Brathers, Inc. Witnesses: Signatures: ESTIleSt R. Dtll]Il~ Agent ~ ~ ~ .~s~- : ~y~:/~_~ f _ ~ Grower or his Authorized ARent . - : ~ 1~`'~ - - C/0 H. L. Dunn Sons~'~ ° ~ _ ' ~ ~,<eC : r /_~-...rt-- r Address P . ~ . BOX 204 • • . . . ' ~ ~ . 'n ' Ft. Pierce, ~otida 3345~ ~ ~ • ' t ; ---t~ Tro icana Prc~uct ~2no : . ~ # ~ - . • suyQr . ; ~ , t By , A Eesident Fo~m Ne . 64L'4 SOOM219 PACE~J~ _ _ _ ~ , ~~g - ~ - ~'~-n _ . . , - . . _ .~v __r _ . - • ~r- ~ ~ r"~~...s.~§