Doughty v. Idaho Frozen Foods Corp.

736 P.2d 460 (1987)

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

In 1983 P contracted to sell a portion of his anticipated potato crop to D in order to secure financing. The parties utilized a 'form' contract that had been developed through negotiations between D and the Potato Growers of Idaho (PGI). P was to receive a base price if the potato crop contained a certain percentage of potatoes weighing ten ounces or more. If the crop contained a higher percentage, the price would be increased. If the crop contained a lesser percentage of ten-ounce potatoes, the price would be reduced. The contract also provided D with the option to refuse or accept delivery of the potatoes if they contained less than ten percent ten-ounce or larger potatoes. P contracted to sell only a portion of his crop to D. Unexpected weather conditions cut short P's efforts, and his potato crop consisted of only eight percent ten-ounce potatoes. P was entitled to only $2.57 per hundredweight for his potatoes under the terms of the D contract. The D potatoes did meet the requirements under another processing contract and for the 'fresh pack' market. After four days of delivery to D, P refused to deliver any more potatoes to D. P sought a declaratory judgment that the contract was not enforceable. P then sold the remaining potatoes in the 'fresh pack' market for $4.69 per hundredweight. The proceeds were placed in a court-controlled bank account pending resolution of this case. D got the verdict and P appealed.