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Contracts Keyed to Farnsworth
Blossom Farm Products Co. v. Kasson Cheese Co., Inc.
Citation:
133 Wis.2d 386, 395 N.W.2d 619Facts
Blossom Farm Products Company (“Blossom”) (plaintiff) was the distributor for a product known as Isokappacase. Blossom sold Isokappacase to Kasson Cheese Company, Inc. (“Kasson”) (defendant), who used the product to enhance its cheese yields from milk. Kasson did not label its final product as imitation cheese (as was required by federal standards). Blossom was aware of Kasson’s improper use of the Isokappacase and it benefited from Kasson’s use of Isokappacase. Blossom later sued Kasson to recover money for a shipment of Isokappacase, but the trial court found the contract unenforceable due to its repugnancy to public policy. Blossom appealed.
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Defenses to Formation