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' Mut 5745 (80)
CASH PURCHASE CONTRACT contract
4~1.a~~ NO. 8-110-11
~TFIIS CONTRACT, made this 20th day.of ebrt , 19$Q
MINTON SUN, ~CViee-President of Ft. PierceerF17033450 (Seller)
between Elmer Hancock,
and TROPICAyA PRODUCTS, INC. of Bradenton, Florida (Buyer).
W 1TNESSETH:
1. Seller in consideration of the payments received and to be retxived pursuant to this contract agrees to sell 1
to Buyer all citrus fruit of good whok3ome, rnerchantabk and marketable quality. as follows:
A11 WHITE GRAPEFRIIIT (except LATE BLOOM) of the 1979-1980 season.
@ $1.00 per potmd of solids delivered, at time of delivery, less $.20 per 85# weight
box for Tropicana's HAUL from the Hi Hat Ranch Grove.*
Fruit must test 9:00 Brix with 8:00 Ratio or better.
2. All fruit contracted to be purchased shall be delivered to Buyer on or before Seasonal , 19 _$0 ,
provided Seller shall not be hampered or prevented from picking or shipping the same within said period by Act of Gtx), strikes,
railroad or other embargoes, quarantine or any other condition, matteror thing, beyond its control, in which case the time far gathering
and shipping said fruit shall be extended a length of time equal to the period of the hampering or prevention caused as afure~aid. In the -
event that through circumstances beyond his control Seller shall be unable to pick and load the fruit, Buyer ma} arrange for some
person in the business of picking and loading fruit to do so, charging Seller for such service at Buyer's cost. in the event that through '
circumstances beyond his control Seller shall be unable to transport the fruit, Buyer shall have the right to do so charging Seller for
such service per ninety (90 Ib.) pound box for oranges, and eighty-five (85 Ib.) pound box for grapefruit. In bothcases this shall be
Buyer's right, not obligation.
3. Without limiting meaning of "good wnottav,uc, u~ct~ttnu,au,c anu uta,wc(av,c a zs agreed that in event of
substantial damage by weather, such as (rant or freezing, wind, drought, hail, etc., 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 damage, sent to address given below whereupon Buyer shall be entitled to immediate refund of advance
payment less prire o[ any fruit picked for which settlement has not been made. In such case Buyer ma}• elect to take such
fruit as he shall consider usrable, provided Buyer pays for it in accordance with the terms of this rnntract.
4. Buyer has this day ad~ano>:d to Seller the sum of S ,the receipt
of which is hereby acknowledged by the Seller, which sum is in advance and part payment for said fruit at the price above
stated. Should Buyer, in breach of this contract, refttse to take this fruit, the amount remaining on deposit with the Seller
shall be forfeited to Seller and shall be the sole damage heretindcr.
5. If the value of the good wholesome, merchantable and marketable fruit available has not equalled the amount
paid b}• Buyer at the conclusion of the season provided for herein, the overage immediatel}• will be returned b}- Seller to Buyer.
6. Seller warrants good title to said fruit with lawful right to enter into this contract and warrants that it will be ?
free of all liens and claims. The individuals signing this contract on behalf of Seller represent that they have authority to do so. ~ c
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7. None of the fruit identified in this contract is to be sold or delivered by Seller to anyone other than Bu}•er without. ` a X
Bu}•er s written permission. This contract is to be a lien upon the fruit irrespective of any subsequent transfer of title to it. ~ a .n° ~
In the event of any attempt by Seller to sell to another, Buyer shall be entitled to injunctive relief, plus ali other relief ~ Q o c
I~ allowed by law. ¢ n. e
~ v
g. Buyer and Grower agree that should legal action be brought to enforce the terms of this contract, it maybe o m
brought in Bradenton, Manatee County, Florida. It is also agreed that should either party be required to bring legal ~
t- _
at:tian to enforce the terms of this contract, the party so prevailing shall be entitled to reasonable attorne}s fees and costs.
~ The MINTON SUN, INC. GROVES known as the TURNER GROVE in tht; HI HAT RANCH located in
Sarasota County, Florida,~and the DUNN GROVE and the HAZELLIE$ GROV$ located in St.
Lucie County, Florida.
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* The $.20 Haul rate applies only to the fruit in the HI HAT RANCH GROVE. ,
I ~TltlS l1~SiRU~AE'~T Fi?EF'P,REU BY: -
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,s ;L., . ,
G MINTON SUN, INC.
wlrnt=ssES: ~ _ , , ; ~ stcaASUrtes: Elme cock, Vi -President
~X~! ~ \ _ ~~~/'LGi~? ~ _ X11 w ,
tielkr w Ns Author Jed AEent ~ •
P. 0. Drawer 670.
~ ~ u~ ~e~ Ft. Pierce, F1. 33450
! Addrn.
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TROPI('A~A PRObI'('TS. 1\C 1
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r. ~ ~ R. A. Barnebey - P ident