Procedural Posture
Defendant buyer appealed from a judgment of the Superior Court of Yuba County (California) in favor of plaintiff seller on his complaint and on the buyer's cross-complaint. The seller sought to recover the balance due on account of lambs sold to the buyer under a contract and to recover damages sustained by the seller by reason of the buyer's refusal to accept certain deliveries of lambs under the contract.
Overview: non circumvent agreement template
The contract provided that the seller agreed to sell and the buyer agreed to buy 90 percent of 8000 lambs at a specified price per pound, delivery to be made between March 1 and June 1. The lambs were required to be in good, healthy, and merchantable condition at the time of delivery. It was undisputed that the seller refused to take final deliveries of the lambs mentioned in the contract. The court affirmed the trial court. It rejected the buyer's contention that if at any time between March 1 and June 1, the seller became possessed of other fat lambs, it was his duty to deliver them to the buyer. The contract showed upon its face that it referred to lambs then owned by the seller. The court noted that where, as here, a time was unmentioned for the execution of the contract, it meant a reasonable time, taking into consideration all the conditions surrounding the subject of the contract. It appeared that the intent of the contract in this case was that deliveries of lambs should be made as they matured and became fat enough to be called merchantable. Thus, the buyer breached the contract by refusing to take final deliveries of the lambs mentioned in the contract.
Outcome
The court affirmed the trial court's judgment.