GAC Produce Co., Inc., An Arizona Corporation - Page 16




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         providing National Trade Association advertising; providing                   
         booths at industry trade shows; and promoting petitioner's ABC                
         label through association and advertising with Dole.                          
              No written contract authorized petitioner to represent the               
         Canelos growers in negotiations with SCP or to enter into the SCP             
         contract.  Although, in form, the SCP contract designated                     
         petitioner and SCP as the parties to the contract, the SCP                    
         contract stated, among other things, that both Mr. Canelos and                
         Constantino, individually and on behalf of the Canelos growers,               
         intervened in the agreement and agreed "to perform and be bound               
         by all obligations, undertakings and duties incurred in the above             
         Agreement by or as 'the Growers'."10                                          
              In 1988, by oral agreement, the Canelos group and SCP raised             
         petitioner's commission rate under the SCP contract according to              
         a formula that, in practice, gave petitioner a commission rate of             












               10By amendment dated as of Nov. 1, 1989, Frutave also                   
          "[intervened]" in the SCP contract and agreed "to perform and be             
          bound by all obligations, undertakings and duties incurred in the            
          Agreement by or as 'the Growers'."                                           




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Last modified: May 25, 2011