Q. Can a written contract be revised? H. B., Redlands.

A. When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of the party aggrieved, so as to express that intention so far as it can be done without prejudice to rights acquired by third parties, in good faith and for value. It is presumed that all parties to a contract intended to make an equitable and conscientious agreement. In revising a contract the court has the power of inquiring as to what the instrument was intended to mean and what were intended to be its legal consequences and is not confined to the inquiry "what the language of the instrument was intended to be." After revision, a contract may be specifically enforced.

Failure to Quit

Q. If a man who is renting my house gives notice that he is going to vacate and does not give up the house on the date set, have I any recourse? M. B., Anaheim.

A. If any tenant gives notice of his intention to quit the premises and does not deliver up possession at the time specified in the notice, he must pay the landlord treble rent during the time he continues in possession after such notice.

Breach of Agreement to Pay

Q. If I sell oranges to a buyer for a definite price and he refuses to accept and pay for them, what damages can I collect? K. K., Orange.

A. This depends upon whether or not the title has passed. If the agreement is such that title has passed to the buyer, the detriment caused by the breach is deemed to be the contract price agreed upon. In case the title has not passed to the buyer, the detriment caused by his failure to accept and pay for the goods is dependent upon whether or not the property is resold. If resold, according to the provisions of the code governing such sales, the excess, if any, of the amount due from the buyer under

the contract over the net proceeds of the resale, is the amount of damages If not resold, the excess of any of the amount due from the buyer, under the contract, over the value to the seller, together with the excess, if any, of the expenses properly incurred in carriage thereof, if the buyer had accepted it, marks the extent of damages recoverable.

When Is a Note Negotiable

Q. What is the proper form of a negotiable instrument? I. G., Los Angeles.

A. An instrument to be negotiable must conform to the following requirements:

(1) It must be in writing and signed by the maker or drawer;

(2) Must contain an unconditional promise or order to pay a sum certain in money;

(3) Must be payable on demand, or at a fixed or determinable future time;

(4) Must be payable to order or to bearer; and,

(5) Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.

Discharging a Mortgage

Q. How is a recorded mortgage discharged? E. H., Covina.

A. A recorded mortgage may be discharged by an entry in the margin of the record thereof. signed by the mortgagee or his personal repreresentative or assignee, acknowledging the satisfaction of the mortgage in the presence of the recorder, who must certify the acknowledgment in form substantially as follows: "Signed and acknowledged before me this............day of..... in the year.... A B. Recorder." Matured Oranges

Q. When is an orange deemed properly matured for sale according to the California law? J. B., Fullerton.

A. It is specifically provided under Act 1275b, which went into offect July 27, 1917, that an orange shall be deemed properly matured for sale, or to be offered for sale, for shipment or to be offered for shipment, either when (1) the juice contains soluble solids equal to, or in excess of, eight parts to every part of acid contained in the juice, the acidity of the fruit to be calculated as citric acid without water of crystallization, or (2) when the orange is substantially colored on the tree. These provisions do not apply to shipments of oranges for foreign countries other than to the Dominion of Canada, during any season, provided such shipments are made after the first day of November. In connection with this exposition, it must be noted that Act 1275f put into effect August 2 1921, provides in addition to provision (1) above, that "if the oranges have attained at least twenty-five per cent yellow or orange color before picking and oranges which are substan tially or at least seventy per cent colored at the time of picking shall be deemed properly matured for shipment or sale, irrespective of analysis of the juice."

T

Citrus Red Spider

Results of Experiments Pointed Out

By ARTHUR D. BORDEN,

Formerly in Charge of U. S. Citrus Fruit
Investigations

HE citrus red spider is one of the most important pests of citru trees in Southern California. Its attack results, first, in discoloration of the fruit and leaves and ultimately in a partial or a total defoliation and a fruit drop. Too frequently the grower fails to recognize the presence of this pest until it has become abundant and serious damage has resulted. Though a light infestation may not prove more serious than to slightly weaken the vitality of the trees, a few days of favorable weather may so greatly increase the infestation as to do serious damage even within a period of one or two weeks. It is far better to check the occurrence of such an infestation with a timely, efficient control treatment than to take the chance of a serious loss later.

The indications of spider work on the leaf surfaces are the tiny pale spots resulting from the feeding habits. The plant cells are sucked out. This gives the leaf a grayish appearance, destroys its function and it falls prematurely. On the green fruit the rind assumes a pale silvery color, fails to properly "color up" or falls from the tree. Though not all fruit drops to the ground, spider attack materially lowers the grade and this affects the price received for the fruit. Not only do we have to consider the direct attack on the leaves and fruit, but the resulting loss of vitality of the tree is important when considering its effect on the setting or maintenance of the crop as well as the resistance of the tree to fumigation and adverse weather conditions such as high winds, frost and extreme heat. Severe injury often follows fumigation of a spider infested orchard and heavy defoliation after a dry electrical wind in a spider attacked grove.

Not Hard to Distinguish

The citrus red spider is not difficult to distinguish from other pests of citrus trees in that it is very small, dark velvety red in color and has eight legs instead of six, as all true insects have. The immature forms and sexes are alike excepting in size and the eggs are spherical in shape, bright red in color and deposited along the midrib and veins of both surfaces of the leaves, on the smaller twigs and on the fruit. The spider is very active and crawls freely over all parts of the trees, though it is usually only found on the foliage and fruit.

The average number of eggs deposited by an individual spider is about 30 and the period for hatching will vary from 8 days during the warm weather of July and August to 28 days during the cooler weather in midwinter. From time of hatching to the deposition of the first egg is about 11 days and the total life of a spider is seldom over 30 days. A large percentage of the infestations are carried over in the egg stage. The adult spider is very active and may crawl to any part of the tree.

The pest is widely distributed throughout our citrus districts and occasionally is found on (Continued on Page 19)

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THE

'HE disastrous period through which the citrus industry has just passed demonstrated only too clearly, the necessity of having proper laws upon the statute books regulating the sale and shipment of citrus products. In 1915 Senator Lyman M. King, upon the request of certain exponents of the industry, and after several months of assiduous study, secured the passage of a law regarding the disposition of frosted citrus fruits. That law is still in effect and provides that: "it is unlawful for any person, firm or corporation to ship, offer for shipment, sell or offer for sale citrus fruits in boxes or in bulk if the contents of any package, or if the fruit in bulk, contains fifteen per cent or more of citrus fruits which on a transverse section through the center, shows a marked drying in twenty per cent or more of the exposed pulp." The California Fruit and Vegetable Standardization Act followed later and in section ten provided that "Oranges shall be considered unfit for shipment when frosted to the extent of endangering the reputation of the citrus industry, if shipped" and then made certain exceptions regarding foreign shipments. Section fifteen of the same act gave to the Director of Agriculture the power to “define, promulgate and enforce such rules and regulations as may be deemed necessary to carry out the provisions of this act." By virtue of this authority, the Director of Agriculture promulgated the rules and regulations of January 24th of this year containing the so-called "crystal test" which has caused a loss of thousands of dollars to the citrus industry in general. We do not question the intent or integrity of the State Department of Agriculture in promulgating these rules. The writer attended the various mass meetings of citrus representatives held immediately after the freeze when the question of determining proper methods of procedure were discussed with the idea of determining some policy to pursue. From a practical point of view, but little was accomplished at any of these gatherings. The men assembled, in view of the laws already upon the statute books, were unable to offer any constructive suggestions to meet the crisis. The Director of Agriculture promulgated the rules of January 24th and his

COMMENT

officials began to operate under them. We know the results. Many, many thousands of dollars have been lost to the industry because saleable fruit was not allowed to go into the markets immediately after the freeze. Several shippers have made test cases of shipments sent into the markets in alleged violation of these rules. The entire industry has been thrown into confusion and doubt since the day following the freeze. Organizations were unable to proceed with any degree of intelligence in meeting the picking and shipping problems. All attempts to formulate effective methods seemed hopeless. Growers who felt that their fruit was good enough to hold up and satisfy the trade, have seen their products fall to the ground as the weeks passed.

This must not happen again. The citrus industry must face the problem squarely and with deep, serious thought do its utmost to formulate proper methods to meet future situations. The industry had not been of one opinion in the matter. Some advocate the abolishment of all state laws covering the subject. Others argue for the retention of the 1915 law and the eradication of other state regulations. Still others talk and wave their arms wildly, but fail to suggest any constructive changes or alterations. It is not a question which will be settled by bluster or vindictive tirades against state officials. Never before has the industry needed cool, calm and intelligent counsel and advice as it now does on this subject. It is useless to set up a prolonged wail because we have lost money this season. The legislators are anxious and willing to put on the statute books, the laws and regulations which the citrus industry believes are required. It is now the task of the industry to formulate such proposed legislation as it believes will meet the demands of the future. We know that the citrus industry is composed of men of broad vision, sterling integrity and recognized ability, capable of analyzing the situation and making constructive suggestions. Outside of the one question of securing the passage of the proposed legislation, the matter is not one of politics. The industry cannot afford to see the matter tossed about like a political football. The industry itself must retain control of the matter from start to finish. Various meetings are now being held in the different localities, where the question is being discussed. It is planned to hold a mass meeting of all representatives sometime in May or June for a general consideration of the problem. At that time, it is proposed to appoint or select a legislative committee to draft necessary legislation. That committee should be selected or appointed with infinite care and judgment. Upon it will devolve a gigantic task. Everyone has given this question some thought and consideration. In behalf of the industry, it is the duty of every man in the industry, to attend the various meetings in his district and give expression to his thought on the matter. In this way, new ideas and criticism will crystallize so that the general meeting will bear fruit. Citrus Leaves would like to know your opinion. Send us your ideas and thoughts on the matter. Let us meet the duty that we owe the industry. Now is the time