This section contains the nature of the case and procedural background.

D grew pinto and pink beans. D operated a bonded agricultural warehouse pursuant to Bonded Warehouse Law, Title 69, Chapter 2, Idaho Code. P deposited its beans with D, and D would mill and market the beans. Upon sale of the beans to a third party, D would pay P the price received for the beans minus a three-dollar milling and marketing charge per cut weight (cwt.). In 1996, P delivered 39,271.09 cwt. of beans. D eventually sold all of the beans to third parties, but a dispute arose regarding whether the beans were sold in 1996 or 1997 and whether they were marketed by D to third parties or purchased by Curry to cover a 'short position.' In 1996, P delivered 39,271.09 cwt. of beans. D eventually sold all of the beans to third parties, but a dispute arose regarding whether the beans were sold in 1996 or 1997 and whether they were marketed by D to third parties or purchased by Curry to cover a 'short position.' Beans were significantly less expensive in 1997 than in 1996. P contended that the beans were sold upon delivery to D, rather than a third party, in 1996, so that D could cover its short position. D argued that it sold P's beans on the same terms that it had always sold them--the price for the beans was not established until D sold the beans to a third party. D contended that this occurred in 1997. P sued D alleging breach of contract. The court allowed P to amend its complaint to include a prayer for punitive damages. At trial, the jury found that D purchased the beans in three lots, one in May 1996 at $28.00 per cwt., and two in June 1997 at $27.50 per cwt. D appealed.

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