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Blossom Farm Products Co. v. Kasson Cheese Co., Inc.

Wisconsin Court of Appeals

395 N.W.2d 619 (1986)

Relevant factsFree

Kasson Cheese (defendant) bought large quantities of Isokappacase from Blossom Farm Products (plaintiff), using far more than needed as a mere bacterial starter and instead using it to illegally boost cheese yield while still mislabeling the product as "real cheese" rather than imitation cheese. Both Blossom's salesman and the product manufacturer's president recognized, based on Kasson's purchase volumes and a production issue, that Kasson had to be using the product to enhance yield and mislabeling the result, yet Blossom kept selling to Kasson in bulk. When Kasson stopped buying after a state warning, Blossom sued for $138,306 owed on Kasson's last order; the trial court found the contract unenforceable, and both sides appealed.

IssueFree

Whether knowingly furthering and benefiting from another party's improper, public-policy-violating use of a contract precludes enforcement of that contract.

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