Campbell Soup Co. v. Wentz

172 F.2d 80 (3d Cir. 1948)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P entered into a written contract with George B. Wentz and Harry T. Wentz, (D) who are Pennsylvania farmers, for delivery by the D to P of all the Chantenay red cored carrots to be grown on fifteen acres of D's farm during the 1947 season. The contract provides for delivery of the carrots at P's plant in Camden, New Jersey. The prices specified in the contract ranged from $23 to $30 per ton according to the time of delivery. The contract price for January 1948 was $30 a ton. Ds harvested 100 tons of carrots from the fifteen acres covered by the contract. Early in January 1948, they told P that they would not deliver their carrots at the contract price. The market price at that time was at least $90 per ton, and Chantenay red cored carrots were virtually unobtainable. D then sold 62 tons of their carrots to Lojeski (D1), a neighboring farmer. D1 resold about 58 tons on the open market, approximately half to P and the balance to other purchasers. P sued Ds to enjoin further sale of the contract carrots to others and to compel specific performance of the contract. The trial court denied equitable relief.