Confirm favorite deletion?
Contracts Keyed to Barnett
KGM Harvesting Co. v. Fresh Network
Citation:42 Cal. Rptr. 2d 286 (Cal. Ct. App. 1995)
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
KGM and Fresh Network entered a contract for the sale and purchase of lettuce. Fresh Network then sold all of the lettuce it received from KGM to a lettuce broker named Castellini, who then sold the lettuce to Club Chef, a company that provided lettuce for the fast food industry. Fresh Network and Castellini both received commissions from the cost-plus nature of their contracts.
When the price of lettuce went up dramatically, KGM refused to supply lettuce to Fresh Network and instead sold the lettuce at a profit of between $800,000 and $1,100,000 to others. Fresh Network then refused to pay KGM for any of the lettuce it had already received and went out on the open market to purchase enough lettuce to satisfy its obligations to Castellini. Castellini covered Fresh Network’s extra expenses except for $70,000, which it passed on to Club Chef, which then passed on at least part of its additional costs to its fast food customers.
KGM sued for outstanding invoices, while Fresh Network sued for damages for the difference between what it was forced to pay for substitute lettuce vs. the contract price of nine cents per pound (approximately $700,000).
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.