
Hubbard v. Utz Quality Foods, Inc.
United States District Court for the Western District of New York
903 F.Supp. 444 (1995)
Relevant factsFree
Daniel Hubbard (plaintiff), a potato farmer, and UTZ Quality Foods (UTZ) (defendant), a potato chip manufacturer, entered an installment contract under which UTZ required Hubbard's potatoes to meet detailed #1 or #2 color designations under an industry fry-color chart. UTZ rejected Hubbard's submitted sample potatoes for failing to meet the color standard, and Hubbard sued for the full $68,750 contract price.
IssueFree
Whether an installment contract is breached by a non-conforming installment if the non-conformity substantially impairs the value of the contract.