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eBook details

• Title: Hunter Milling Co. v. Koch
• Author : Tenth Circuit Circuit Court of Appeals
• Release Date : January 30, 1936
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

Appellee, a licensed dealer in grapes in California, filed a complaint with the Secretary of Agriculture alleging that it sold to appellant, a licensed dealer in Colorado, a carload of grapes to be shipped in interstate commerce and delivered at Denver; that the grapes were shipped in accordance with the contract; and that without reasonable cause and in violation of section 2 of the Perishable Agricultural Commodities Act appellant refused to accept them to appellees damage. Appellant answered denying wrongful rejection of the shipment. The Secretary heard the matter, made findings and conclusions and awarded appellee reparations in the sum of $1,145.25 with interest thereon at the rate of 6 per cent. from August 4, 1933, until paid, and directed that payment be made on or before a date fixed in the order. A petition on appeal from that action was seasonably filed in the court below in which it was alleged, among other things, that the findings and award were not supported by the evidence, were contrary to the evidence, and were erroneous in law. Trial de novo was expressly prayed. The Secretary lodged with the court certified copies of the complaint with its attached exhibits, the answer, the findings, the conclusions, and the order. Trial by jury was waived and the matter came before the court for trial on its merits. Appellee offered such certified copies in evidence. Appellant thereupon made an opening statement of the evidence which he proposed to introduce. The court then sustained an objection to the introduction of any evidence on the part of appellant until the evidence introduced on the hearing before the Secretary was produced in court. After some intervening proceedings, appellant stood on his right to introduce evidence tending to establish his defense without first producing a certified copy of the evidence submitted to the Secretary, and judgment was rendered against him for the amount of the original award with interest and attorneys fees. This appeal followed.

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