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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.

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