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Contracts Keyed to Templin
ConAgra, Inc. v. Bartlett Partnership
Citation:
248 Neb. 933, 540 N.W.2d 333 (Neb. 1995)Facts
In June 1992, Bartlett Partnership entered into four contracts with ConAgra to deliver a total of 300,000 bushels of corn between December 1992 and March 1993. The contracts were standardized forms that specified the corn must be of “good, sound, dry and merchantable quality” and “grown in the Continental United States,” but did not specify that the corn had to be grown on the partnership’s land. On August 13, 1992, the partnership’s crop was severely damaged by a hailstorm, with some fields suffering 90-100% loss. Race notified ConAgra of the damage and later indicated they could only deliver about 70,000 bushels. The partnership eventually purchased 60,000 bushels of “wet” corn to help fulfill their obligations and delivered a total of 108,503.04 bushels, leaving them 191,496.96 bushels short of their contractual obligation. After failed settlement negotiations, ConAgra purchased corn on the market to cover the partnership’s unfilled obligations at a claimed total loss of $11,689.88, though the jury awarded only $5,803.51 in damages.
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