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Remedies Keyed to Tabb, 8th
Peace River Seed Co-Operative, Ltd. v. Proseeds Marketing, Inc.
Citation:
322 P.3d 531, 355 Or. 44 (2014)Facts
Peace River Seed Co-Operative and Proseeds Marketing entered into multiple fixed-price contracts for defendant to purchase the total production of grass seed from a certain number of acres over a two-year period. The contracts incorporated the NORAMSEED Rules and were governed by the UCC. During the contract period, the price of grass seed fell dramatically. Although defendant initially provided shipping instructions and plaintiff shipped conforming seed, defendant eventually refused to provide shipping instructions for additional deliveries. After multiple requests and defendant’s continued refusal, plaintiff cancelled the contracts. Over the next three years, plaintiff sold at least some of the seed that defendant had agreed to purchase to other buyers at various prices, some above and some below both the contract price and the market price at the time of tender.
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