On appeal from the Supreme Court.
For the appellant, Avis & Avis and Clarence L. Cole.
For the respondent, George B. Marshall and David O. Watkins.
The opinion of the court was delivered by
BODINE, J. The plaintiff was a grower of peaches. On and after August 26th, 1927, he stored in the defendant's cold storage plant sixteen thousand two hundred twenty-five baskets of Hale and Elberta peaches and received a warehouse receipt in the usual form in compliance with the Uniform Warehouse Receipt law. Pamph. L. 1907, ch. 133. On September 12th, 1927, the plaintiff received a letter from the defendant bearing date September 9th, of the purport following:
"We have had some trouble in attempting to keep the temperatures down in the storage warehouses, and find that the fruit is not keeping as it should. This appears to be caused by some peculiarity in the fruit itself, as the plant has been operated in its usual manner and to capacity.
"The conditions are such that we deem it necessary to notify you that the peaches of yours now in storage in our
Glassboro warehouse should be removed within seventy-two hours in accordance with the terms of your signed contract.
"We have such a large quantity of peaches on storage that it will be somewhat difficult to remove all within the above period, but if early application for removal is made we will do the best we can in getting them out.
"Your storage bill is herewith enclosed."
After receipt of this communication, plaintiff went to the warehouse and attempted to salvage his property. As he went through the baskets of fruit he realized that the crop was a total loss, and on September 15th, 1927, prepared his claim for damages which was served the next morning.
The jury returned a verdict in favor of the plaintiff for the loss on the fruit, and in favor of the defendant on the ...