BROOKSIDE FARMS V. MAMA RIZZO'S INC.
873 F.Supp. 1029 (1995)
NATURE OF THE CASE: This is a breach of contract dispute in which Brookside Farms (P) alleges that Mama Rizzo's Inc. (D) breached a contract. Before the Court are P's motion for partial summary judgment and D's motion for summary judgment.
FACTS: Brookside (P) and Mama (D) entered into a requirements contract for the sale of 91,000 pounds of fresh basil leaves. D agreed to buy that quantity as a minimum for a one-year term. Delivery was to be made daily from between 350 to 800 pounds. D agreed to pay for deliveries within 15 days of receipt. The price was seasonally based. The original price for basil delivered during the domestic growing season--between June 1 and September 30--was $3.80 per pound; the original price for basil delivered during the non-growing season--October 1 to May 31--was $5.00 per pound. D then asked P to remove additional parts of the stems of the leaves and P agreed to do this for a $0.50 per pound increase for the remainder of the contract term. The original contract held oral modifications invalid and P and D agreed to this change orally but D promised to make a notation to the original contract. The new terms were also reflected on purchase orders and checks issued. Between November 17, 1993 and January 9, 1994 D discontinued its order of leaves and P was forced to reduce its purchase of basil from its supplies which mandated that P was to pay higher prices. Two price modifications were entered into in relation to the P-D contract with multiple orders reflecting these price increases being accepted, delivered, and paid for. Eventually a check from D was dishonored at the bank for insufficient funds and P sued D for breach of the executory portion of the contract and for refusing to accept delivery of the minimum amount. D contends that P breached the contract by raising prices in violation of the express agreement.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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