# Olson v. Biola Cooperative Raisin Growers Assn.

> California Supreme Court · March 23, 1949 · 33 Cal. 2d 664

URL: https://www.frixlaw.com/law-library/cases/9795002

## Case

- **Full name:** A. J. OLSON Et Al., Respondents, v. BIOLA COOPERATIVE RAISIN GROWERS ASSOCIATION (A Corporation) Et Al., Appellants
- **Court:** California Supreme Court
- **Decided:** March 23, 1949
- **Citations:** 33 Cal. 2d 664; 204 P.2d 10; 12 A.L.R. 2d 112; 1949 Cal. LEXIS 227
- **Precedential status:** Published
- **Opinion:** Concurrence by Traynor
- **Judges:** Spence, Carter, Traynor, Schauer
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9795002

## How later opinions describe it (automated extraction)

- stating that "an important [statutory] exception to the general rule on the remedy of liquidated damages prevails in the case of a nonprofit cooperative marketing association"
- reversing an award of liquidated damages where plaintiff cooperative proved that a product was of poor quality, but did not prove that the member failed to deliver the product as required by the express terms of stipulated damages clause

## Opinion text

TRAYNOR, J., and SCHAUER, J.
We concur in the conclusion reached by Justice Carter and generally in the grounds stated therefor.
Respondents’ petition for a rehearing was denied April 21, 1949. Carter, J., Traynor, J., and Schauer, J., voted for a rehearing.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9795002. Public record. Not legal advice.
