Lawwly

Neumiller Farms, Inc. v. Cornett

Supreme Court of Alabama

368 So.2d 272 (1979)

Relevant factsFree

Neumiller Farms (defendant), a merchant buyer of potatoes, contracted to buy twelve loads from grower Cornett (plaintiff) at $4.25 per hundredweight, accepting the first three loads without complaint; after the market price fell sharply to $2.00, Neumiller began rejecting further deliveries as "inferior quality," even rejecting a load Cornett obtained from a third-party grower from whom Neumiller had itself recently bought potatoes at the lower market price. Cornett's expert testified the rejected potatoes were good quality, and Cornett could resell only a fraction of its potatoes elsewhere due to poor market conditions; the trial court awarded Cornett $17,500 in damages, and Neumiller appealed.

IssueFree

Whether a merchant buyer seeking to reject delivery of goods must act in good faith, meaning honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases