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Contracts Keyed to Epstein
Panike & Sons Farms, Inc. v. Smith
Citation:147 Idaho 562, 212 P.3d 992 (2009)
Pinike is an Oregon based corporation that raises crops including onions. Four Rivers is an Idaho corporation. They entered into a contract requiring Panike to deliver 25,000 hundredweight 75% three-inch minimum field run onions to Four Rivers from fields specified by Four Rivers, for the price of $4.75 per cwt. The field selection clause stated the buyer will specify fields. On October 3, 2006, Panike attempted to deliver two truck loads of onions to Four Rivers’s packing shed. When Mr. Panike arrived, the Four Rivers asked him whether the onions were from the specified fields. When answered negative, the Four Rivers rejected the onions. Panike then inspected the onions and found the onions were 89% three-inch minimum or larger. On November 22, 2006, Panike filed suit against Four Rivers in its corporate capacity.
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