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Contracts Keyed to Calamari
Potter v. Hatter Farms, Inc.
Facts
The Plaintiffs, Charles Potter ("Mr. Potter") and Angelyn Potter (the "Plaintiffs"), operated a turkey hatchery. The Defendant, Hatter Farms, Inc. (the "Defendant"), was a Turkey grower. In January of 1979, Mr. Potter testified that he and Gil Kent ("Mr. Kent"), a representative of the Defendant, agreed that the Defendant would by 192,000 poults for eighty cents per poult, plus certain other charges. The parties did not agree to specific transportation details, but agreed it would not take more than forty hours. Both sides researched potential transportation options and found that the price would be high, but "not too exorbitant". In June of 1979, Mr. Potter met with and informed Mr. Kent that two customers from California had approached him about buying the poults. The purpose of this meeting was to determine whether the Defendant still needed the poults. Mr. Kent testified that he told Mr. Potter to sell the poults to the California buyers because neither party had a way to transport them. Mr. Potter, on the other hand, testified that by the end of the meeting he was under the impression the Defendant still needed the poults. Mr. Potter subsequently turned down the California offer. In August of 1979, Mr. Kent informed Mr. Potter that the Defendant no longer needed the poults. The Plaintiffs then commenced this action.
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