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CONTRACTS - Performance - Conditions precedent - Time for performance - Time of the essence - Frustration - What constitutes - General principles - Foreseeability - Sources of supply

Wednesday, October 11, 2017 @ 8:36 AM  

Appeal by the plaintiff, Seaboard Specialty Grains and Foods, from summary judgment dismissing its claim against the defendants, Palimar Farms and Marc Agra. The plaintiff marketed specialty crops and other agricultural products. The defendants ran farming operations. In 2014, the plaintiff contracted with the defendants for the supply of lentils. The 2014 growing season was wet, negatively impacting the quality and quantity of lentil production. The defendants advised the plaintiff of their concerns regarding quality. The plaintiff advised that it would accept a particular grade of...